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Daniel Shanfield

Daniel Shanfield’s Answers

133 total


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

    I am an American citizen and my husband is a foreign citizen. We received the acceptance notice for our I-130 and were shocked that it takes an average of 5 months to approve. When we researched and read that "visas are automatically available to...

    Daniel’s Answer

    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.

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

    2 years ago, i was depressed because i suddenly knew he had a son with another lady.etc.he lied and hurt me deeply. i was supper depressed but no place to go . so i joined a travel-parter group online and travelled WITHOUT my husband on a crui...

    Daniel’s Answer

    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 about your right to live in the United States, this problem is too important to handle without the support of an experienced professional.

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  • Spouse green card pending, husband approved.

    My husband received a notification yesterday (4/12/2012) from USCIS that they are in the card production stage for his case. My case (filed to join his pending green card) was filed in March 2012 when the numbers were current. It is in at the 'Acc...

    Daniel’s Answer

    The fact that your case was separated from your husband's is probably making you anxious. There is no reason to believe though that this will negatively affect your chance at obtaining permanent residency. As stated above, wait 90 days if there's no answer and set up an infopass appointment.

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  • Can I fix my husband papers?

    I'm a US citizen and I've been married for 8 years and have two kids born in the US. My has no papers. But has a clean record. I want to file papers for him but before we got married, i was caught in the US border trying to help my friend cross in...

    Daniel’s Answer

    You should speak with an immigration lawyer to be sure your husband qualifies if he's here illegally.

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  • Will I get in some trouble or deported if.....

    Basically I want to have a city clearance with the police and a state clearance with DOJ. If I submit my fingerprints and fill out the information form , can I get deported ? I have no criminal background . But just the mere fact that I'm undocume...

    Daniel’s Answer

    I have never heard of someone being picked up for submitting fingerprints. One never knows though... It's not clear though why you are seeking fingerprint clearances.

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  • Naturalization interview before 5th anniversary

    I have a naturalization interiew this week; 4 days before my 5th anniversary as a resident. I would like your opinion what will most likely happen. Will the interview be rescheduled? Will the approval be postponed? Or, there won't be any issues at...

    Daniel’s Answer

    The 4 years and 9 months is the the day when the application may be filed. The applicant however must possess the 5 years residence to be approved.

    In my experience working with USCIS in Fresno and San Jose, and to be safe and avoid any hitches, I would schedule an Infopass appointment before your naturalization interview and point this issue out to the immigration officer, who may decide to briefly postpone the interview to a date when the application may be granted.

    I think It's better to have the interview when the application can be approved. Good luck!

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

    really need to file for my green card ASAP because im trying to travel in december

    Daniel’s Answer

    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 problem you've described. You should consult with an immigration attorney to make sure this goes smoothly.

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  • Missing i 485 appeal period

    I 485 denied and i have just 5 days to appeal...but i am not sure i could meet the attoney. if i miss the chance to appeal, do i have any chance to reverse??? or just end?

    Daniel’s Answer

    In general there are no appeals of denied I-485s, although there are appeals to the AAO of denied I-130 and I-140 petitions, as well as denied I-601 waiver applications. It's unclear why your application was denied, so I can't really even say if the decision is worth appealing.

    USCIS has been slow to issue NTAs to renew adjustment applications before the immigration judge, so if it's a meritorious application, it might make more sense just to refile the adjustment application.

    Definitely speak with an immigration attorney ASAP. Good luck!

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  • K1 visa didn't marry petitioner and new immigration proposal

    My question is if I entered on a K1 visa and didn't marry my spouse but married another US citizen and have been out of status for over 2 years. I understand under the currently law I can't get my green card unless I leave the US and that I will ...

    Daniel’s Answer

    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 you can effectively strategize obtaining your green card.

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  • Consular processing n how proposed provisional waiver might help me? I'm inadmisible for EWI as a child. I also have no crimes.

    This is a hypotethical question and I understand that you can't give me a concrete answer as this pertains to proposed changes in current immigration rules. I have an approved i-130 Petition which was submitted for me by my wife who is a US citi...

    Daniel’s Answer

    Mr. Pineda is right. One thng to be clear on is that you might be waiting forever. There is absolutely no guarantee that the proposed rules will ever be implemented or if they are that they would be implemented any time soon. The Obama I-601 unlawful presence waiver proposal is essentially a promise to make a promise. The federal register publication still must be made in accordance with the notice and comment period, and then final regulations must then be published.

    I don't envy the choices immigrants in your situation must make.

    Good luck!

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