Rosy H Cho's Answers

I have an arrest record in the state of new jersey for domestic violence and would like know how this would impact the greencard

If the charges were dismissed, you do not have a conviction and it should not affect your eligibility for immigration benefits; however, you do need to disclose all arrests on any forms submitted to the Immigration Service. You should also be prepared to submit original or certified copies of your court records including the charging document and disposition/dismissal. An expungement is not appropriate because you do not have a conviction, and even if you did have a conviction, an...

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Can a US resident who was arrested for domestic violence and voluntarily leaves the U.S., get his green card re issued to him?

Generally, a domestic violence offense, while a crime of violence, is NOT necessarily an aggravated felony. It is ONLY an aggravated felony if your nephew received a sentence of one year or more. More specific facts would need to be known to determine whether he may qualify to re-immigrate.

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This person 2years ago lost his right hand due to an injury at work, therefore has to go to his therapy. Now 2yrs

The USC daughter may petition for her father. However, if he entered without inspection-- that is, unlawfully-- and no one previously petitioned for him before April 30, 2001, he will not be able to adjust his status to that of a permanent resident here in the United States. He will have to obtain his immigrant visa at the US consulate in his home country. I strongly recommend he obtain legal counsel as there are many things that can go wrong in a case like this.

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I will be traveling this year for 2 months outside US with green card with no expiration. Will I have difficulty in re entering

If you have a green card with no expiration date, that means you have a card issued many many years ago. Although the card is not expired, you are likely to be told upon re-entry that you will need to apply for a new green card that has a validity date of 10 years. DHS wants to replace all the old cards which are more prone to tampering. The new green cards-- which are now actually really green-- can be machine-read and more easily trackable.

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Is there a govt database of my trips abroad as a Permanent Resident that I can access to help with completing my N400?

You could obtain your immigration record from the US Customs and Border Patrol (CBP) by filing a request under the Freedom of Information Act. However, this can be long process and the records are not likely to be complete, especially since your trips span such a long period of time. CBP has not always been very good about keeping records. What I recommend instead is that you do your best to list the trips that are known to you-- from the stamps in your passport-- and attach a sheet...

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What status does a closed immigration case get?

Administrative closure (AC) based on the exercise of prosecutorial discretion does not confer any new status to the person in proceedings. AC simply "freezes" the case and maintains the status quo. So a person who was permitted to work prior to AC (e.g., you had a cancellation, adjustment or qualifying asylum application pending) will be able to renew work authorization each year. The individual's status is more or less the same as what it was prior to AC. Since the case was closed without a...

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Do I need F1 for joining full time business school?

The requirements of the F-1 visa is clear that the applicant have on-immigrant intent. If you seek an F-1 while you are seeking an I-140/I-485, your F-1 is likely be denied. The H1b limits you to employment for the company which filed the h1-b. You really seek the advice of experienced counsel.

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US citizen marrying illegal immigrant. Please Help me figure out this process. It would be greatly appreciated.

If he did enter without papers, the first thing you should do is determine whether anyone petitioned for him directly or for his parents before April 30, 2001. Were either of his parents petitioned by a sibling or a parent before that date? Or by an employer (labor cert)? If no petition was filed, then the only way your future husband can obtain legal residency is for to petition for him after you are married and once the petition is approved, he has to go abroad to his home country to "...

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How can i pettition my future husband?

Since he entered in 2004 unlawfully-- that is, without a visa-- he can not obtain his residency here in the U.S. He will have to obtain his immigrant visa in his home country. As another attorney mentioned, he will face a ten-year bar to entry however because of his unlawful presence in the United States. He will have to apply for a waiver at the U.S. consulate at the time of his visa interview. The waiver is based on whether he can prove that denial of the waiver will result in "extreme...

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Derivative beneficiary qualified under INA 204(l), can he file for adjustment of status?

Once the priority date becomes current, ,you can and should apply for adjustment of status. Under 204(l) you do not have to separately apply for reinstatement of the visa petition.