Daniel Shanfield’s Answers

Daniel Shanfield

San Jose Immigration Attorney.

Contributor Level 10
  1. Does USCIS receipt # mean that application is valid?

    Answered about 3 years ago.

    1. Joseph E. Best
    2. Daniel Shanfield
    3. C. C. Abbott
    4. Christian Schmidt
    4 lawyer answers

    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!

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. We are awaiting approval for the I-130, but my visa is expiring soon. What can we do so we aren't separated?

    Answered over 2 years ago.

    1. Robert West
    2. Curtis Frederic Pierce
    3. Michael Archuleta II
    4. Daniel Warren Thomann
    5. Neil Ian Fleischer
    6. ···
    6 lawyer answers

    It sounds like the packet might have been prepared incorrectly. With a US citizen spouse petitioner, the immigrant can apply for a green card, work permit, and advance parole travel document simultaneously here in the United States, and in general, not have to depart the United States. I would consult with an immigration lawyer immediately to get this fixed.

    4 lawyers agreed with this answer

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

    Answered almost 3 years ago.

    1. J Charles Ferrari
    2. Daniel Shanfield
    3. Luis Alberto Guerra
    4. Philip Alan Eichorn
    5. Kevin R Leeper
    6. ···
    6 lawyer answers

    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.

    4 lawyers agreed with this answer

  4. What is p.c 1385 for immigration

    Answered almost 3 years ago.

    1. Carl Michael Shusterman
    2. Daniel Shanfield
    3. J Charles Ferrari
    4. Rehim Babaoglu
    4 lawyer answers

    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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  5. Can he come back?

    Answered about 3 years ago.

    1. Daniel Shanfield
    2. Christian Schmidt
    3. J Charles Ferrari
    4. Jeffrey Dean Joseph
    5. Cynthia Beth Rosenberg
    6. ···
    6 lawyer answers

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

    Answered about 3 years ago.

    1. Daniel Shanfield
    2. Javier G Pineda
    3. William D. Fong
    4. Sean Lewis
    4 lawyer answers

    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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  7. Time frame to file I-751 for child

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Daniel Shanfield
    4. Samuel Patrick Ouya Maina
    4 lawyer answers

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

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered almost 3 years ago.

    1. David Nabow Soloway
    2. Daniel Shanfield
    3. Luis Alberto Guerra
    4. Christian Schmidt
    4 lawyer answers

    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...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I become a naturalized US citizen with expired passport of my country?

    Answered about 3 years ago.

    1. Carl Michael Shusterman
    2. Javier G Pineda
    3. Daniel Shanfield
    4. Eugene J. Glicksman
    4 lawyer answers

    Good question. In my experience working with the USCIS San Jose office, this has never been a problem.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I am a US Citizen petitioning for my spouse. We received an approval of the I-130, I am just curious to know what happens next?

    Answered over 2 years ago.

    1. Neil Ian Fleischer
    2. Gintare Grigaite
    3. Robert West
    4. Deborah Lynne Karapetian
    5. Daniel Shanfield
    5 lawyer answers

    Good question. You will likely receive a letter from the National Visa Center to begin consular processing in your husband's home country. Because of his illegal entry he will likely need an unlawful presence waiver. Pres. Obama has proposed to have these waivers processed in the US, but that's not final. Our San Jose office has successfully handled many cases like this, so I would invite you to call us to discuss how we can help your husband obtain his green card.

    3 lawyers agreed with this answer