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Otis Carl Landerholm
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Otis Landerholm’s Answers

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  • Hello Does the new entry/exit initiative perceive my crossing?

    I am a canadian citizen who entered canada from the usa on june 23 2014. I want to return to the usa but I don't understand the new rules.

    Otis’s Answer

    More information is required to adequately answer this question. Have you ever been stopped at the border before? Do you have a visa to enter the US? What are your plans while in the US + your purpose for the visit? If you have serious concerns / questions, I recommend speaking with a competent and trustworthy immigration lawyer. Good luck.

    Sincerely,

    Otis C. Landerholm, Esq.
    www.LanderholmImmigration.com

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  • Iam filling out form G325A for my daughter who is 10 years old. Down there it says that the applicant should sign. Do i sign it?

    my daughter is nt here with me.

    Otis’s Answer

    I agree with my colleagues. Good luck.

    Otis C. Landerholm, Esq.
    www.LanderholmImmigration.com

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  • My brother filed I -130 petition for my dad, he received RFE for Father's paternity and Legitimation

    Essentially RFE asks for establishing the paternity and also that the child is legitimate. Based on the options listed for evidence. We have compiled the response letter Do we still need to run it by an attorney?

    Otis’s Answer

    I agree with my colleagues. Consult with an experienced attorney, and don't just show him/her the response letter, but also everything that was originally send with your I-130 packet. That way the attorney can give you accurate advice. Good luck.

    Otis C. Landerholm, Esq.
    www.LanderholmImmigration.com

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  • Was process through ICE, Immigration gave me a NTA. Please clarify and what's my options?

    I was processed at port after a vacation cruise and I've been served a "Notice to Appear" and put into deporation proceedings. In the NTA, it states that I was convicted of welfare fraud which was long time ago but it was "stricken/dismissed/set ...

    Otis’s Answer

    My colleagues are correct. You need an immigration lawyer. To determine whether or not this is an aggravated felony requires a detailed review of the entire record of conviction. I would be happy to help you with that if you are interested. Either way, the government has put you into deportation (removal) proceedings, and if you want to keep your green card and stay in the US, now is the time to fight for it. Feel free to contact my office to schedule an appointment if you are interested. And either way, I wish you the best of luck.

    Sincerely,

    Otis C. Landerholm, Esq.
    www.LanderholmImmigration.com

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  • When will I receive my EAD card?

    In first week of Jan 2014 Immigration received my I360, 765 and 485 appl. and first week of April I received notice of Prima Facie and EAD with wrong A#, I had A# before when I applied my status earlier in another category, I informed them and t...

    Otis’s Answer

    The process can take anywhere from 60 to 90 days after receipt of the EAD application. In your situation you may receive it earlier, but be aware it may take the standard time. Give them another call and see if they can expedite the approval. Best wishes!

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  • Does the Advance Parole Document apply during the whole 2 year period of conditional permanent residency?

    I am a little unsure about the I-131 petition and the Advance Parole Document part. If am not an US citizen but married to an US citizen and got a conditional green card, does the Advance Parole Document apply for every trip I do and there is alwa...

    Otis’s Answer

    I agree with my colleagues.

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  • How can I apply for legal residency for my husband who is an undocumented immigrant?

    I'm a U.S. citizen and we've been married for 2 years. My husband entered the country 8 years ago and never had a visa. We have 2 children together.

    Otis’s Answer

    Hello. I agree with some of my colleagues and disagree with others. Your husband will not be eligible to "adjust" his status in the US because he entered without a visa. He will therefore have to process this visa in his home country. The process, as stated correctly by three colleagues on this post, is first to file the I-130 petition, second, once granted, to file the waiver on form I-601A asking the government to forgive your husband for his unlawful entry, and third to schedule a consular interview for your husband at the US consulate in his home country. You and your family will need a lawyer to help you through this process.

    Sincerely,

    Otis C. Landerholm, Esq.

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  • Can I travel outside US to Europe after filing a for adjustment of status on a tourist visa?

    I am from The Netherlands. My spouse is US Citizen/American. I am filing for adjustment of status on tourist visa as my wife and I decide we want to live in America. Married over three years, she has visa in The Netherlands and approved for citiz...

    Otis’s Answer

    My colleagues are correct. Be cautious in this area. If you travel outside the US without first getting advanced parole, you will "abandon" your green card application. This would mean losing your filing fee, and possibly losing your ability to "adjust your status" here in the US. I always recommend either staying here throughout the process, or applying for advanced parole from the beginning - especially since you will want to visit your children overseas.

    Good luck.

    - Otis Landerholm
    www.LanderholmImmigration.com

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  • The I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN: My son is eligible for visa if he truns 21 years of age.

    HI, My sister has file I130 Brother sister category in year 2005.At the time of file filling 1.my son age was less then 21years.now when my files open do they call to my son as well for visa? 2.which age they are consider 1.file p...

    Otis’s Answer

    I agree with my colleagues. Double check the visa bulletin, he might be eligible for a green card even after he turns 21 under the Child Status Protection Act - depending on processing times... but if he gets married it will make him ineligible. I'd be happy to look at your case in more detail if you are still looking for a San Francisco based attorney. Good luck.
    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • Friend got mmj card card yesterday but immigrant.

    He has work permit. Never has gotten in trouble. What should he do

    Otis’s Answer

    Tricky question. MMJ meaning medical marijuana card? Which is now legal in Washington State correct? The best advice is, even though it is legal in the state of Washington, it is not legal federally - and immigration laws are federal laws. So, if your friend wants to keep himself "admissible" and wants to eventually apply for green cards and US citizenship some day, he or she should stay away from Marijuana completely. I hope this was helpful, though sorry if it is not what you were hoping to hear.
    Good luck.
    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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