Daniel Shanfield's Answers

What is p.c 1385 for immigration

Good question. Cal. PC 1385 means that the court has dismissed the action. Some immigration grounds of removal or inadmssibility require a conviction, so if a criminal matter is dismissed without conviction, those specific immigration grounds don't apply. Some grounds are conduct based however (drug trafficking for example), so the conduct could still possibly get the non-citizen in trouble. I would recommend speaking with an experienced immigration lawyer about this before filing any...

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Can he come back?

That's a good question. Returning to the US is reallly difficult after being deported for crime. Much of it depends on obtaining an I-212 waiver for the removal order, and eligibility for a 212(h) waiver based on extreme hardship to a US citizen or legal resident spouse or parent for a crime involving moral turpitude. For some crimes, like drug offenses, there really are no waivers. Since this is your husband we're talking about, it's important to be as fully informed as possible, and it...

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Does USCIS receipt # mean that application is valid?

Good question. A receipt means the application meets all basic technical requirements but does not mean it will be approved. The applicant can remain generally unless there is a prior removal order or some criminal offense. Good luck!

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Can my husband re-new his green card after a narcotics felony conviction?

It is not that he cannot renew green card. Problem is that if he tries Immigration will likely find out about the conviction and he could be placed in deportation. He really needs to speak with on immigration lawyer.

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I need to file I-751 in march 2012, but have a case pending with a possible charge of dui. How should I go about it?

Filing the I-751 on time is critical to ensure you remain employment authorized and in status. In my experience working with USCIS in San Francisco and San Jose, California DUIs don't generally cause immigration trouble on I-751 cases. I would still recommend working with an immigration attorney because I-751s can have tricky marital union and bona fide issues.

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Can i stop someone from being deported his an ice detainer?

Sorry to hear the bad news. Your mom's boyfriend may be able to avoid deportation depending on a variety of factors, such as time in the US, close US citizen family members, and how he entered the US, or status as serious crime victim. I can tell how important this is to you, so it would make sense to consult with an immigration lawyer experienced in immigration defense. You should do this sooner rather than later, as ICE might transfer him to Arizona if an immigration attorney doesn't...

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No conviction immigration

If there is no conviction then it is not a removable offense; however the charges might lead to a finding of inadmissibility at the US port of entry by giving the CBP officer a "reason to believe" the non-citizen is involved in drug trafficking. Pretty harsh...

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Parents got their GCs in Jan 2010-stayed in US until May 10, 2010. Can they come back in Jan 2011 without any problem?

Absences of 6 months or more might raise red flags for abandonment of permanent residency. If concerned about losing their green cards, it's important that your parents be prepared provide proof at U.S. airport CBP of maintaining residence in the U.S., which might include rent or mortgage payment receipts, U.S.-based sources of income, proof of asset ownership in the U.S., proof of employment in the U.S. They may also consider applying for a re-entry permit if they are concerned that they...

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I lost my I-94 but im trying to file for my green card through marriage, what should i do?

I assume your marriage is to a US citizen. Since it seems you were previously issued an I-94, it should not be too difficult for an experienced immigration lawyer to help spply for a replacement. Alternatively, a CBP admissions stamp in your passport may also suffice to establish lawful admission to qualify for adjustment of status. I think there's hope for your case, based on my experience successfully representing clients before the USCIS offices in San Jose and San Francisco with the...

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Naturalization

In mythe experience this is not likely an issue that would disqualify citizenship, but I would recommend consulting with an experienced immigration lawyer.

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