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Daniel Shanfield

Daniel Shanfield’s Answers

133 total


  • If I graduated 2 before the announcment of the deferred action can my diploma prove i was here in the US on June 15?

    My diploma has the date I graduated but I don't have much of anything else that has the exact date of June 15 it was on the 13 of that month. I also have not gone out of the United States nor the state in 12 years and still in the same state.

    Daniel’s Answer

    That would be valid evidence.

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  • Will filing spouse petition during LPR and then later upgrade after i get citizenship, help save some time?.

    i am an LPR. i have 2 months to get my citizenship. can i marry now and file the petition for bringing my spouse and upgrade the petition later for bringing my spouse to US. will i get the priority date and save some time this way? or is it be...

    Daniel’s Answer

    That's a good question. If your spouse will be adjusting status then probably not. If he plans on processing at the consulate then maybe. To get a specific answer you will need to consult with an experience immigration lawyer

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  • I am a foreign national I got married in 2009 and I am the member of many national and international organisations.

    Due to which i got frequent threat and attack from terroist and i came here in US to save my life. Due to the political situation I coulnt go to my country and filed asylum in 2011 but My father in law he also filed asylum here in 2004 and was gra...

    Daniel’s Answer

    Having worked for UNHCR, I complete ly sympathize with your situation. You should contact an immigration lawyer to advise you on your case to help ensure you can remain in the US and reunite with your loved ones. Our San Francisco office wound be happy to meet with you.

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  • 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?

    My husband entered illegal, has never left the U.S., no criminal record, we have been married for over 6 years. Have a 5 year old son.

    Daniel’s Answer

    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.

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  • I WANT TO RENEW MY 1986 GREEN CARD?

    We couldn't find anything for I came to U.S in 1986, i still have the OLD GREEN CARD WITH NO EXPIRATION DATE, when i decide to go home to Philippine after so many years. So in January 2010 i went to Philippines seems like nothing wrong but when i ...

    Daniel’s Answer

    I don't see a reason for delay on renewing the green card. However, it might make sense to speak with an experienced immigration lawyer about finally applying for US citizenship. Every case is different, but our office has successfully handled many naturalization applications in the San Francisco District for legal residents with convictions like yours. I invite you to call us to see if you might qualify.

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  • Can my husband still be deported while we wait for word from the Visa Center? His i-130 has been approved.

    My husband came to the US illegally 9 years ago but we married and have filed a i-130 which has been approved. In the approval letter it stated that we would be hearing from the National Visa Center within 30 days. Can he still be deported even ...

    Daniel’s Answer

    A pending petition will not stop deportation. However an immigration judge may be more likely to grant voluntary departure or keep the case alive in court before entering any orders.

    I think it would be best to have a lawyer helping you with this case in any event, as it seems your husband might need to file an I-601 unlawful waiver.

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  • PLEASE I NEED SOME HELP, ASYLUM CASE

    i got recommended approval on I 589 and now after 2 months from interview i called the FBI the customers service and gave them my A # to see if they have sent my background check to the asylum office, and they said yes they recived a month befor...

    Daniel’s Answer

    You can schedule an infopass appointment and then ask your congressional representative for help.

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  • Do I qualified to not be deported while I am in the process of getting my green card, under Obama's Executive Order?

    I married an American Citizen and he is planning to petition for me to obtain my green card. I came here when I was 13, graduated from high school, and got my BA from the University of California and I was just admitted into Grad school. We would ...

    Daniel’s Answer

    That's a really good question. Unfortunately deferred action does not constitute an "admission" which is required to adjust status under INA s. 245. Hopefully the new stateside I-601 waiver regulations will be implemented soon, to minimize time abroad consular processing.

    Go Bears!

    Daniel Shanfield
    Berkeley Law '96

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  • What did u recommend me to do if I qualify for the students bennefits and the work permit ?

    i need more information about the new law that benefits students and the work permits

    Daniel’s Answer

    Good question. There's a lot of bad information out there and you need to be careful. I have written extensively on this on my blog. See the link below.

    Good luck!

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  • Immigration question?

    hi i am an immigrant here in united states. Due to the terrorist thread and attack I came here by saving my life I filed an asylum here but my father in law he filed asylum before 5 or 6 years but asylum granted to him but my asylum now is in cour...

    Daniel’s Answer

    I sympathize with your situation. I'm hoping you have an experienced immigration lawyer to advise you, as asylum cases are quite complicated, and Avvo probably isn't thw right place to get the specific information you really need. Please feel free to contact our office so we can assist you. We have many years experience working with asylum seekers.

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