Daniel Shanfield’s Answers

Daniel Shanfield

San Jose Immigration Attorney.

Contributor Level 10
  1. I am adopted, a U.S. Citizen in Ca, my birth mother is being petitioned by my blood sister to Guam. Can I get her permanently?

    Answered over 2 years ago.

    1. Daniel Shanfield
    2. Rahul Chakravartty
    3. Jeffrey N Lisnow
    4. F. J. Capriotti III
    4 lawyer answers

    Since your sister is petitioning it's unclear why you are interested in also filing a petition.

    2 lawyers agreed with this answer

  2. I will have a i-751 interview---ICE immigraions had pulled me over and recorded my trip with others but not my husband

    Answered over 2 years ago.

    1. Luis Alberto Guerra
    2. Daniel Shanfield
    3. F. J. Capriotti III
    4. Jason Todd Lorenzon
    4 lawyer answers

    This must be causing you a great deal of worry. Unfortunately, it would not surprise me if the CBP officer's notes make it into your file. That is why DHS officers take notes. In my experience working with the San Francisco USCIS office on I-751 cases like these, you will need a lawyer to help explain on paper and at the interview that your marriage was in good faith, and to help you develop evidence to overcome the accusation that your marriage might have fraudulent. Because we're talking...

    2 lawyers agreed with this answer

  3. K1 visa didn't marry petitioner and new immigration proposal

    Answered over 2 years ago.

    1. Daniel Shanfield
    2. Jennifer Doerrie
    3. Debbi Lee Klopman
    3 lawyer answers

    Sadly, I don't see how the proposed rule, if it is ever implemented, would help. My understanding is that a non-immigrant admitted in K-1 status may only adjust status on the basis of the subsequent marital relationship related to the underlying K-1. Choin v. Mukasey, 537 F.3d 1116 (9th Cir. 2008). I've worked with immigrants in your very same situation, and understand that your case is really complicated. I would strongly recommend consulting with an experienced immigration attorney so...

    2 lawyers agreed with this answer

  4. Chances of success on 212(d)(3) waiver ?

    Answered over 2 years ago.

    1. Daniel Shanfield
    2. Jennifer Doerrie
    3. Jeffrey Adam Devore
    3 lawyer answers

    What an unfortunate situation. First I'd suggest to be careful what you post in a public forum. It is not confidential. I am not optmistic about obtaining the waiver unless you can demonstrate some compelling benefit to the United States in granting the waiver. The only way to find out though is to actually file the waiver and see what happens. Good luck!

    2 lawyers agreed with this answer

  5. How do i fix my wife

    Answered over 2 years ago.

    1. Daniel Shanfield
    2. Javier G Pineda
    3. J Charles Ferrari
    3 lawyer answers

    Much of this depends on how your wife entered the US. If she entered legally on a visa, and you are a US citizen, then she may be able to adjust status if she's otherwise admissible (eg. no inadmissible crimes, immigration violations, etc. It seems you have a lot of important decisions to make, so in an important case like this, it makes a lot of sense to meet with an experienced immigration attorney to chart out your options.

    2 lawyers agreed with this answer

  6. 10 year ban and applying for work visa

    Answered over 2 years ago.

    1. Daniel Shanfield
    2. Jennifer Doerrie
    3. J Charles Ferrari
    3 lawyer answers

    A waiver would be required for the unlawful presence, either based on hardship to a US citizen or LPR spouse or parent, or under the generic 212(d) non-immigrant visa waiver. You should speak with an immigration attorney who has expertise in these waivers.

    2 lawyers agreed with this answer

  7. Immigration

    Answered almost 3 years ago.

    1. J Charles Ferrari
    2. Daniel Shanfield
    3. Luis Alberto Guerra
    4. Patricia Anne Bollman
    5. Philip Alan Eichorn
    6. ···
    6 lawyer answers

    It's scary to think that you could be separated for a long time from your husband, and so it's natural to wonder if there's some other way to avoid IV processing in Juarez. In cases like yours, its also natural to want to second guess your attorney that going to Juarez is the only way forward. In the end, only you can decide whether your attorney is trustworthy. Before hiring one, you should do your research and ask around. Once you hire your attorney, try to keep the lines of...

    2 lawyers agreed with this answer

  8. I entered the U.S eligaly in 1994 then left and entered again eligaly in 1996 when i was 6 yrs old and i been here ever since.

    Answered almost 3 years ago.

    1. Javier G Pineda
    2. Daniel Shanfield
    3. Jeffrey Adam Devore
    4. Luis Alberto Guerra
    5. J Charles Ferrari
    5 lawyer answers

    You're in a very difficult spot. I feel that the Board of Immigration Appeals would consider you inadmissible, and the law of the federal 9th circuit is really in flux based on the decision this month in Carrillo de Palacios v. Holder, 662 F.3d 1128 (9th Cir. 2011), which vacated an earlier decision which flatly stated that the April 1, 1997 unlawful re-entry bar did apply. What that means is that the 9th circuit (where you live) now has no clear rule on how to treat these cases, so the Board'...

    2 lawyers agreed with this answer

  9. Affidavit of support

    Answered almost 3 years ago.

    1. Javier G Pineda
    2. Daniel Shanfield
    3. J Charles Ferrari
    4. Jason Todd Lorenzon
    5. Eugene J. Glicksman
    6. ···
    6 lawyer answers

    See the i864p. You should be working with an attorney with all the questions you have. Your future in America is at stake.

    2 lawyers agreed with this answer

  10. Whats the full process in getting my wife from el salvador to usa ? im a us citizen

    Answered almost 3 years ago.

    1. Daniel Shanfield
    2. Javier G Pineda
    3. Eugene J. Glicksman
    4. C. C. Abbott
    4 lawyer answers

    Your answer depends on whether your wife has ever lived illegally in the US. If not, then a spouse petition followed by an immigrant visa application with affidavit of support would be filed. The process time can vary but is 6 months to a year to be conservative. Because it's so important to get this right the first time you should work with an immigration lawyer. Good luck!

    2 lawyers agreed with this answer