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John Benjamin Moore

John Moore’s Answers

42 total


  • Can a DACA recipient be detained and deported by border patrol

    John’s Answer

    • Selected as best answer

    Thank you for your service. An an immigration attorney who practice in El Paso, Texas; as well as a Ft. Bliss veteran who gives immigration law training on Ft. Bliss to the JAG corps, I would be very interested in discussing your wife's concerns for free. In the mean time, she should know that (1) the checkpoints near the border are one-way. That is to say that people are checked on their way OUT of El Paso, not on their way INTO El Paso. And (2) any person with a valid work permit, as all current DACA holders should have, are routinely allowed to pass through the check points. I hope that provides your wife with a fair amount of comfort. Hopefully a consultation with an experienced immigration attorney will put her on the path to being a citizen.

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  • Can I get a waiver INA 212 (d) (3) if I false claim to be USC?

    John’s Answer

    In short, yes. However, if you have ever applied for a visa and been denied after your false claim, you were automatically considered for the 212 (d)(3) waiver, and yet you were denied. If you want a different outcome, consider hiring a lawyer who specializes in nonimmigrant visas and waivers.

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  • My mum is a US permanent resident and I am an international student. Is it possible she applies for permanent residency for me?

    John’s Answer

    Are you married? Does your mother qualify for naturalization? Answers to these questions will very likely determine the advice you receive from an experienced immigration attorney during a one-on-one consultation.

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  • I-131 support document.

    John’s Answer

    I agree with Mr. Reich. Nothing you have said seems to qualify you for advance parole, nor does anything disqualify you. A consultation (often free) with an experienced immigration attorney should clear everything up for you.

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  • What are the risk of traveling to Mexico with advance parole when your form I-130 its approved?

    John’s Answer

    You may be surprised to know that a complete and precise answer requires more information than you have provided here. While it is unlikely that you will have problems being allowed to reenter the United States, or that being paroled will have negative effects later on, every case is unique. Were you originally admitted to the U.S.? If so, you would be giving up an admission, in exchange for a parole, which probably doesn't matter, but depending on other factors (such as the bona fides of your marriage or your criminal or immigration history), it might. It really is best to speak to an immigration attorney. Many give free consultations.

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  • Can my in-law still receive social security retirement benefits if her permanent residency expires and she moves back to China?

    John’s Answer

    I agree with my colleague's analysis. Given this, has she considered naturalization?

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  • DACA holders , plan to settle in UK , ban 10 years , UK spouse visa impact

    John’s Answer

    The waiver your fiance would be seeking would be almost automatic, if we are talking about a waiver in order to obtain a non-immigrant visa, such as a tourist visa or a student visa. If we are talking about a waiver for a Lawful Permanent Resident (LPR) visa, then she does not appear to have a qualifying relative yet, but assuming you became an LPR, you would act as her qualifying relative.

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  • Can my wife apply for Visitor Visa after I filled for her F2A?

    John’s Answer

    Your wife's visitor visa case is certainly a delicate one, and my colleagues are right to warn you of the risks of a denial either at the consulate or at the port of entry. But while the path is narrow and winding, it is navigable with the right representation. Practicing on the border, I routinely obtain tourist visas for clients awaiting their priority date or consular interview. I imagine someone with experience in India could do the same. To answer your last questions: No, applying will not hurt her permanent resident process in any way, assuming that she doesn't lie on her application, at the consular interview, or at the port of entry.

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  • Resubmission of DACA application - denied for "not proving being out of status"

    John’s Answer

    Did my secretary not set up a consultation with you?

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  • DESPERATE FOR HELP

    John’s Answer

    Your husband may qualify for an immigration bond, or he may qualify for another type of relief that will result in his being released from immigration detention. Please call an immigration attorney to discuss the specific facts. I give free consultations, as do others here in El Paso.

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