Stephen D. Eckdish's Answers

Misdemeanor-petty theft pc § 484/488

You need to consult with and/or retain a competent California immigration and criminal defense attorney rather than hiring two lawyers (immigration and criminal) which will be more expensive. You may be eligible for the Petty Theft Offense exception. If so, then you would not be inadmissible to the U.S. and not removable (deportable) either. You should explore with your attorney negotiating a plea or dismissal of your criminal case that will not have any adverse impact on your current status as...

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Interview ed for 1485 and interviewer said your application is for futher review decision in the mail whats does this implies

If you filed an I-485 (and I-130) type package with USCIS, then you would have gone to an adjustment of status interview to obtain lawful permanent residency and not for a change of status. More often than not, there are final background checks that need to be made by the adjustment officer such as obtaining an FBI clearance and record check for possible unreported criminal convictions. That may be the simple reason given for 'further review' in your case. This is standard operating procedure...

Immigration and deportation

You have not revealed many of the key facts concerning your and your fiancé's immigration history and your personal background and history together. Nevertheless, since he is in removal proceedings in Eloy, AZ, he will need to be defended. I can not comment as to whether he may or may not have waivers or other forms of relief available to him in the proceedings due to the lack of information provided. However, I would strongly advise that you obtain the services of a competent immigration and...

Legal resident with a felony (grand theft Auto)- concerned@deportation

Your case is complicated but the key legal question can be answered simply and economically. If you retain an experienced immigration attorney you should be able to resolve your husband's problems in advance of any action USCIS or ICE might decide to take. There is a real possibility that he is a USC, depending upon several key questions that need to be answered by a competent attorney who practices nationality law in the Bay Area. You should not rely upon the opinion of a CIS officer as to...

Immigration

If at least one natural (biological) parent is a U.S. citizen, and the child is under 18 years of age at all times relevant herein, and the child has been and continunes to reside now in the U.S. in the home of her U.S. citizen parent who has sole legal and physical custody of that child as a minor, and the child has been lawfully admitted for permanent residence, and the child is not married, then your daughter may well be eligible for acquisition of U.S. citizenship now. She may also be...

Tourist marrying a US Citizen

In order to adjust your status in the U.S., you will need to retain a competent immigration attorney to assist you. One of the legal issues you will face is the question of immigration fraud. There is a rebuttable presumption that you committed immigration fraud if you marry a U.S. citizen within 60 days of entry while on a tourist visa. I do not know how long you were in the U.S. before you married. I also do not know the details involving your meeting and relationship prior to marriage. I...

DUI on H1B - Re-entry Query

I will answer your question based upon the general law as it relates to immigration consequences within the area of the 9th Circuit Court of Appeals that includes the State of Washington. I do not practice law in the State of Washington and am not familiar with the criminal laws there. I am an immigration and criminal defense attorney practicing in California. Immigration lawyers that are admitted to practice in any state and federal district court within that state and are in good standing,...

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