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Daniel Shanfield

Daniel Shanfield’s Answers

133 total


  • I am a U.S. citizen but my child is an illegal immigrant, we both live in CA. How can fix his legal status?

    Without us having to leave the U.S.

    Daniel’s Answer

    Good question... Based on the facts, it's not clear whether he is already a US citizen by birth. If he's not, how to get a green card might depend on how your child entered the US. If legally admitted, he might be able to apply for a green card here in the US. If he entered illegally, it's likely he'll need to consular process back home. If he's under 18 years and 6 months, he might not need to apply for an unlawful presence waiver at the consulate. As a former INS prosecutor, I know these cases are tricky, so you want to be sure about what you're doing before diving in. Definitely contact an experienced attorney before making any decisions about applying for immigration status. We're in San Jose, so feel free to call our office.

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  • I don't want to do simple and commmon mistakes on my Asylum inteview, please give me some advice about asylum interview.

    I'm waiting for my asylum interview. I want to prepare for my interview as good as i can but i don't know how?. I'm a former worker in a political party and member of independent human rights organization.I know i should read my case and remember ...

    Daniel’s Answer

    As a former INS prosecutor, I must strongly agree with attorney Segal. Hire an attorney and save yourself a lot of heartache.

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  • Former asylee became US citizen, can he get vise home countrie to visit his home country and come back USA without any problem ?

    hi . I have a question on behalf of my relative. He was asylee from russia and after 6 years he became proud citizen of USA. Until now he was feared of prosecution if he would go back his country but now that he became US citizen , he is applying ...

    Daniel’s Answer

    I agree with attorney Segal.. if he was truly afraid to go back to Russia then I don't know what has changed that would make him now feel ssfe as the country is now even more repressive.

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  • Time frame to file I-751 for child

    I received conditional residence (by I-130/I-485) in August 2011. After that my spouse filed I-130 for my child. The child received his conditional residence (by I-485) in December 2011 (that is more than 90 days after me). Now I am planning to f...

    Daniel’s Answer

    Attorney Segal is correct. Your immigration lawyer should have sent you a letter explaining this.

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  • My spouse must file a form I-601. The grounds of inadmissibility is former membership in the CCP. I am US citizen. She is in US.

    She entered on tourist visa. She included a letter with her I-485 explaining she joined for her job and is no longer a member (as of last year). It explains that her membership was a non meaningful association and she does not accept the structure...

    Daniel’s Answer

    May I inquire why you haven't retained any of these attorneys. This is obviously very urgent to you and it's not clear why you are attempting to prepare this complicated piece of legal work on your own.

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  • If you are granted DACA as a minor and you become of age while still under DACA, do you trigger the 10 year ban?

    Like I asked, if you leave the country while under DACA that was acquired when a person was still under age...lets say.... With advanced parole... Does that person get a 10 year ban? Or will they be admitted back into the country with the reentry ...

    Daniel’s Answer

    There is a new Board of Immigration Appeals case that may answer your question in your favor. Because every case is different you should speak directly with an attorney who Can interview you and better understand your case. Please feel free to contact our office for a meeting in San Francisco..

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  • I would like to apply for an assylum/

    im in c1d visa which is can only work in ship..im in land now i would like to apply for assylum is their any one to take my case....

    Daniel’s Answer

    There are a number of good attorneys nearby in San Jose. Please feel free to contact our office.

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  • Where in the I-765 does it say I need to send passport picture for DACA? What do we put for question 15 on I-765?

    Confused with the picture requirement.

    Daniel’s Answer

    Lo varato es caro. Speak with an experienced immigration lawyer.

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  • What do I answer to question number 13 on the i-765 form, if I entered without inspection?

    I entered illegally into the United States which means I crossed the border, but I don't know if I should put that on the form.

    Daniel’s Answer

    It's not a good idea to get specific legal advice on form completionon this forum. Siempre lo varato es caro...

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  • Can Marijuana infractions make me disqualified from the Deferred Action for Childhood arrivals?

    I was charged with possession of Marijuana, less than an ounce, back in May in California. Can this effect me in anyway from qualifying for the Deferred Action for Childhood arrivals? Are there any specific questions I have to answer about possess...

    Daniel’s Answer

    Anyone with any law enforcement history must consult with an experienced immigration lawyer to because of possible consequences for other future immigration applications. It's not good enough to focus only on deferred Action.

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