Daniel Shanfield’s Answers

Daniel Shanfield

San Jose Immigration Attorney.

Contributor Level 10
  1. How and to who do you report a person trying to use false green card documentation?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. J Charles Ferrari
    3. Neil Ian Fleischer
    4. Michael Charles Doland
    5. Daniel Shanfield
    6. ···
    6 lawyer answers

    Wouldn't it be better to refer him to an immigration lawyer or a non-profit immigration legal service agency like Catholic Charities, so maybe he can straighten out his situation? He might be eligible for a green card and not even know it. A far better solution than ruining his life and tearing apart his family...

    1 lawyer agreed with this answer

  2. Can someone with a felony get a green card lived in the united states for 20+ years and nothing else on his record

    Answered over 2 years ago.

    1. Robert Edward Myers
    2. Daniel Shanfield
    3. Suzan deSeguin-Hons
    3 lawyer answers

    Good question. It depends on the nature of the felony and if he was ordered deported for it. You should consult with an immigration attorney experienced with criminal issues.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Robert West
    3. Daniel Shanfield
    4. F. J. Capriotti III
    5. Dhenu Mitesh Savla
    5 lawyer answers

    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...

    1 lawyer agreed with this answer

  4. 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?

    Answered over 2 years ago.

    1. Karen-Lee Pollak
    2. Daniel Shanfield
    3. Kyndra L. Mulder
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  5. Is it necessary to enter a nearby port of sponsors or any port is OK on visitor sponsored visa

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Daniel Shanfield
    3. F. J. Capriotti III
    3 lawyer answers

    The Port of Entry shouldn't matter, but I usually recommend people travel into SFO, where I have found the CBP officers in general to be the most professional and 9th circuit law most favorable.

    1 lawyer agreed with this answer

  6. Can i come back to us without problems?

    Answered over 2 years ago.

    1. Robert West
    2. Reza Athari
    3. Daniel Shanfield
    4. F. J. Capriotti III
    4 lawyer answers

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

    1 lawyer agreed with this answer

  7. Spouse green card pending, husband approved.

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Daniel Shanfield
    3. F. J. Capriotti III
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. Can I fix my husband papers?

    Answered almost 3 years ago.

    1. J Charles Ferrari
    2. Daniel Shanfield
    3. Kyndra L. Mulder
    3 lawyer answers

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

    1 lawyer agreed with this answer

  9. Naturalization interview before 5th anniversary

    Answered almost 3 years ago.

    1. Daniel Shanfield
    2. Christian Schmidt
    3. Jason Todd Lorenzon
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered almost 3 years ago.

    1. Javier G Pineda
    2. Daniel Shanfield
    2 lawyer answers

    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...

    1 lawyer agreed with this answer