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Antonia Stainbrook’s Answers

21 total

  • WHERE DO I GO FROM HERE..

    MY BOYFRIEND ENTERED INTO THE SATES ILLEGALY AND HAS BEEN HERE FOR ABOUT 8 + YEARS, WE ARE NOW ENGAGGED AND ABOUT TO HAVE A BABY. WHAT WOULD BE MY FIRST AND CHEAPEST WAY TO DO THIS RIGHT? W

    Antonia’s Answer

    From the information that you have provided, it does not appear that you can obtain legal status for your fiance at this time. He would need to process through the consulate in his country and would have extreme difficulty obtaining a waiver of the bar for the period of illegal presence. You should however contact an immigration attorney to ensure that there are not other avenues of legalization depending on his specific immigration and family history.

    Standard disclaimer: The information you obtain above is not, nor is it intended to be, legal advice. Neither does this advice create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation.

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  • Will my g.f's parents find out if i marry her confidentially?

    i came into the U.S legally but i overstayed my visa. if i do a confidential marriage and marry my girlfriend who is a U.S citizen, what are the chances her parents will find out about it? and what are the chances anyone else will find out? thanks...

    Antonia’s Answer

    If your marriage is confidential, then her parents and others would not find out about the marriage unless you tell them. However, marriage fraud can lead to both civil and criminal penalties, both for you and your girlfriend if the marriage is fraudulent. Remember that when your girlfriend becomes your wife and applies for you, you will be required to extensively document your marriage to prove its validity for immigration purposes. Usually this documentation includes pictures with family and letters from friends to show that your marriage is real, and not just for the purpose of obtaining immigration benefits. Some of the proof that is normally submitted may be difficult to acquire if you keep your marriage a secret.

    Standard disclamer: The information you obtain above is not, nor is it intended to be, legal advice. Neither does this advice create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation.

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  • Boyfriend in prison with INS hold, been in CA. for 22 yrs but has criminal history. How likely is it that he will be deported?

    My boyfriend is in prison doing the last 3 months of a yr sentence for a felony but not an aggregated felony I think. I have looked up the laws and on the net but still am lost. He has been here for 22yrs, came as a child when there were wars in h...

    Antonia’s Answer

    I will second the first response and add this - depending on your boyfriends conviction and any other criminal history, the legal status of his family here, his immigration history, and the country which he comes from - given that he has been here for 22 years he may have relief available to him in immigration court. It is imperative that you talk to a reputable immigration attorney immediately. Given that you do not think you have the money for a lawyer, I highly suggest calling every agency in your area to find a free legal clinic. The immigration court will allow him to have an attorney, however they will not provide one for him. It is very important to consult with an attorney immediately, before he is released from criminal custody. He will likely have a meeting with an individual from immigration before he is released from criminal custody, and he will need to have discussed his case with an immigration attorney before this in order to best protect his immigration case.

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  • Question before i was schedule for removal for deportation then i was granted, i got already my fingerprint but my case was dome

    domestic violent my green card was expired but i renw it my question can i apply for a citizen after i get my greencard my parent are us citizen please give advice thank you -rea

    Antonia’s Answer

    It appears that you already were a Legal Permanent Resident by the time that you were convicted of domestic violence. If this is the case this is problematic. Your question is not entirely clear, therefore I suggest finding a reputable immigration attorney in your area who can assess the immigration consequences of your conviction in light of your particular immigration history. If this attorney determines that the conviction is problematic for your immigration status, they can refer you to an attorney who practices post-conviction relief to assess any possibility of vacating the conviction.

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  • I am married to illegal.we have been married for 7 months been together for 8 yrs. he is here without legal documention

    he past without inspection has no prior deportions no feloneys no one has ever filed for his papers we have a 7 yr old son can he get legal documention to be here in the us?

    Antonia’s Answer

    It appears that your husband entered the country EWI (entry without inspection). As such, he will not be able to adjust his status while in the United States based on his marriage to a US citizen. If he leaves the United States he will be subject to a 10 year bar, and will need to eventually apply for a re-entry waiver if he wants to return, a lengthy and complicated process. Unfortunately the law at this time does not provide a viable solution. If your husband finds himself in removal proceedings, then he may be eligible for cancellation of removal, depending on his particular circumstances. However, this relief is discretionary, not mandatory, and very difficult to obtain. Finding a reputable immigration lawyer in your area is advisable so that they can determine the particular facts of your case, on the off chance that something in his family background may entitle him to status.

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  • What are the steps of removal of an incacerated individual(

    are they sent to deportation jail from current prison? how long their before they arrive back in their country, will their country let them out immediately???

    Antonia’s Answer

    Unfortunately there is not enough information here to answer your question adequately. If the individual has been convicted of a crime for which he is going to be deported/removed, after completion of his sentence he will be taken from county/state custody into ICE custody. He should have an opportunity to have a hearing with an immigration judge at this point. The judge will determine whether the individual is in fact removable, and whether they qualify for any relief that would allow them to remain in the United States. Anyone in immigration proceedings has the right to an attorney, however the government will not provide an attorney for you and will not pay for the attorney you hire. I highly suggest obtaining the services of a reputable immigration lawyer in your area to advise you on this case.

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  • Help with removal hearing of incarcerated husband

    I am a us citizen, my husband is incarcerated in MA for 2nd degree murder (appeal pending) - he was given 15 to life, and we recieved a Notice of Hearing in Removal Proceedings. He has a green card although now it has expired. Do we have any opt...

    Antonia’s Answer

    I will second Mr. Goldstein's answer and add this - it appears that you are already in the process of post-conviction - ie your husband has already been convicted and is in the process of appealing his conviction. It also appears that because there is an appeal pending that this conviction came to be after a trial, rather than a plea deal. This difference is often significant in obtaining post-conviction relief. You should absolutely look for an immigration attorney experienced in removal proceedings for clients with criminal convictions. Such an attorney should also be able to assess any other post-conviction relief that may be available to your husband on the particular facts of his case.

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  • Help! My immigration atty has been given a final order of suspension by the DOJ EOIR. So what happened to my case?

    My immigration atty was suspended by the DOJ Executive Office for Immigration Review and disbarred for conviction of Immigration Fraud. Unbelievable. My case, Asylum, has been sitting at Work Auth for over 300 days, however I do have authorizati...

    Antonia’s Answer

    In answer to your response, I understand your frustration, however you do need to find new counsel immediately to avoid further damaging your case. I suggest that, given that you appear to live in DC, you contact the DC Bar Association. They may be able to help you find assistance. I just looked at their website and they have a free legal clinic http://www.dcbar.org/for_the_public/programs_and_services/advice.cfm. It would appear from their site that immigration is one of the subjects covered at the legal clinics by pro-bono attorneys.

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  • After marrying a U.S. Citizen, how long does it take the illegal citizen to be able to travel to his/her home land?

    This question is for a friend who is a U.S citizen and plans on marrying an illegal citizen who entered the U.S as a baby on a visitors visa and her parents never took her back to her native land. She has been here for 25 years and will marry a ...

    Antonia’s Answer

    In response to how much this process will cost, attorney fees can vary significantly based in part on where you live, the expertise of the attorney, and the complexity of the case. Please advise your friend to find a reputable immigration attorney, ie someone licensed to practice law rather than a notary or other individual who may offer to fill out the paperwork for cheaper. Paying on the front end is often significantly cheaper than paying on the back end.

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  • If a marrie my boyfriend who is a citicen with a felony, can i become a permanent recident..

    my boyfriend has been in jail for 4 years already we have a son 2gether and we wanna get married we want to know if by doing this im going to be a legal resident of the us. or is his felony going to affect me in any way???

    Antonia’s Answer

    Simply marrying your boyfriend will not give you permanent resident status. You should meet with a reputable immigration attorney in your area and they will be able to review your particular immigration history and better answer your question. Additionally, since 2006, certain offenses against a minor will bar your boyfriend from petitioning for you. There is not enough information here for us to adequately answer your question. If you are unsure of how to find a reputable attorney, this site is a great place to start, or you can visit www.calbar.org which will list all of the attorneys licensed to practice in California who are in your area.

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