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Daniel Shanfield

Daniel Shanfield’s Answers

133 total


  • Hi, I came to the US on a B2 and then changed my status to F1. Will thisaffect my greencard application through marriage?

    My fiance is an American citizen. IS there a chance my application will be denied because of my changes? I changed my status a year ago. Thank you

    Daniel’s Answer

    Good question. As long as you were truthful in your prior applications, and there are no other grounds of inadmissibility, this should be fine.

    You should consult with an experienced immigration lawyer to make sure you can obtain work authorization and travel while the application is pending.

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  • 2 DUI and Citizenship

    In May 12, 2005 I got arrested for Misdemeanor DUI that registered 0.14 on the breathalyzer which denied approval for my citizenship on DEC 14, 2005 . After my informal probation of 3 years ended in May 12, 2008 , I got another Misdemeanor DUI in...

    Daniel’s Answer

    The DUI was committed outside the statutory good moral character period. Check.

    You are no longer on probation. Check.

    In my experience handling citizenship cases at the USCIS San Jose Field Office, I think you have a decent chance if you can show rehabilitation.

    You should consult with an experienced attorney who deals with naturalization cases like these.

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  • My fiance is in the US on a student visa should we get married now and apply for another visa or apply for the fiance visa?

    His student visa expires in May 2012 when he graduates with his masters. We've been together for over a year. He is from Portugal. We live in California

    Daniel’s Answer

    If you are a US citizen and marry in good faith while he is in the US after having been lawfully admitted on a visa, he can apply for his green card and work permit through a process called adjustment of status, unless he has some immigration or criminal violations on his record.

    In my experience working with the USCIS San Jose office, cases like this have been successful. Every case is different however, and you should definitely consult with an experienced immigration lawyer to make sure he qualifies.

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  • I am a us citizen and married to a mexican immigrant .how do i start the process? and with what information

    I'm a us citizen and my husband is a mexican immigrant. we are trying to see how to obtain his citizen ship he came to the us in 1993. we've been together for almost 7 years and married almost 3 years. we also have a 2 year old son. and he is resp...

    Daniel’s Answer

    It might be possible for him to apply for permanent residency in the US if he entered legally with a visa and has an otherwise clean immigration and criminal record, although in some cases he could be forgiven. If he entered illegally, then chances are he may have to interview in Ciudad Juarez, Mexico at the US Consulate General. Because of possible unlawful presence, he might need to apply for an extreme hardship waiver based on your hardship. There is now a proposal to have the hardship waiver considered while he's in the US, and if he gets it, he might be able to spend a short amount of time in Juarez for the visa interview. If he was ever deported however, making any application would be extremely risky. The law does not allow you to petition for your mother-in-law. In my experience, your husband may be able to obtain his permanent residency. I would suggest scheduling a consultation with an knowledgeable immigration attorney to discuss what his options are.

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  • I am a US Citizen, 21 years old, married legally in Mexico to my wife who is 16yrs old. Can I do a family petition for her?

    She had consent to marry in Mexico and our marriage is legitimate. I want to know if I can file a family petition or if I'll run into problems. Thanks!!! :O)

    Daniel’s Answer

    It's s little tricky, as you will need to show the marriage was lawful in the jurisdiction where it was celebrated. I'd recommend consulting with an experienced immigration lawyer.

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  • 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?

    Once she is in Guam, I would like to move her permanently to reside with me in Ca.

    Daniel’s Answer

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

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  • U Visa

    Does any one know how long Vermont centre takes to process a application one the RFE is submitted.

    Daniel’s Answer

    In my experience this varies depending on the complexity of the RFE.

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  • Naturalization

    Can a person apply for citizenship if a couple of years ago that legal permenant resident in his early twenty's recieved a medical waiver for his hospital bill that was over twenty grand? She wants to apply for naturalization in a couple of mont...

    Daniel’s Answer

    • Selected as best answer

    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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  • Can i come back to us without problems?

    Hi I went here to US by my tourist visa and I got married and now I have my conditional green card. Im planning to go for a vacation for just a month in the Philippines but my Philippine passport is still named under my maiden’s name. Will there...

    Daniel’s Answer

    It would be a good idea to obtain an amended PH passport and travel with proof of your name change.

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