Daniel Shanfield’s Answers

Daniel Shanfield

San Jose Immigration Attorney.

Contributor Level 10
  1. 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?

    Answered almost 3 years ago.

    1. Daniel Shanfield
    2. J Charles Ferrari
    3. Ahmad Mohamad Yakzan
    4. C. C. Abbott
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

  2. How to stay in the US. Should I merry my bf?

    Answered almost 3 years ago.

    1. Carl Michael Shusterman
    2. J Charles Ferrari
    3. Daniel Shanfield
    4. Richard Stephan Kolomejec
    5. Luis Alberto Guerra
    5 lawyer answers

    Good questions. Marrying is only a good idea if you want to be married to the person who is filing your immigrant visa petition. I've seen new marriages turn sour with all the pressure of the green card process, which ruins both the relationship and the chance at US residency. Also, beware of the J visa 2 year home residency requirement. It might apply in your case. If it applies you'll need to obtain a waiver of the 2 year home residency requirement. This is not easy. If you are...

    3 lawyers agreed with this answer

  3. No conviction immigration

    Answered almost 3 years ago.

    1. Daniel Shanfield
    2. J Charles Ferrari
    3. William D. Fong
    4. C. C. Abbott
    4 lawyer answers

    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...

    Selected as best answer

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

    Answered about 4 years ago.

    1. Daniel Shanfield
    2. Richard Irving Fleischer
    2 lawyer answers

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

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Daniel Shanfield
    3. Alexander Joseph Segal
    3 lawyer answers

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

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What should i do?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Daniel Shanfield
    3. Ronald Jeffrey Tasoff
    3 lawyer answers

    You may do either, but adjustment of status would likely provide you with more of a benefit.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Naturalization

    Answered over 2 years ago.

    1. Daniel Shanfield
    2. Robert West
    3. Grady G Gauthier
    4. J Charles Ferrari
    4 lawyer answers

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

    Selected as best answer

  8. 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.

    Answered over 1 year ago.

    1. Daniel Shanfield
    2. Alexander Joseph Segal
    3. Kevin Michael Crabtree
    4. Al De La Calle
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Giacomo Jacques Behar
    2. Daniel Shanfield
    3. J Charles Ferrari
    3 lawyer answers

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

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Francis John Cowhig
    2. Daniel Shanfield
    3. Sherry Chalor Cross
    4. Elliot Rahmim Zarabi
    5. Danielle L C Beach
    5 lawyer answers

    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.

    2 lawyers agreed with this answer