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Diego P. Gavilanes

Diego Gavilanes’s Answers

108 total


  • How can i have an attorney for my case, iam a dv 2022 winner from Afghanistan and I need an attorney to forward my case in USA ?

    Diego’s Answer

    Please call our office at (425) 258-6282 and ask for an appointment for an initial consultation. The consultation can be via telephone or via Zoom. We are very experienced in the field of immigration. I have been a practicing immigration attorney for decades and have handled many DV cases in the past.

    Diego GAVILANES
    Attorney
    Everett

  • Would I and my 14 year old daughter be able to come back again in the USA?

    Diego’s Answer

    I believe the dates you provided refer to the authorized period of stay granted to you by the Customs and Border Protection (CBP) official at the time of your arrival at the airport. That period is generally six (6) months. Your visa validity period is totally separate. YOU may have received a tourist (B-2 visa0. HTE US COnsul ma have granted a validity period that can be years into the future, which only entitles you to travel and to request admission at the airport,. The CBP at the port of entry decides whether you should be allowed to enter the US and how long you should be authorized to stay. Frpm the dates you indicated on your query, it seems that you left the US on Feb. 20, 2020. That is six days BEFORE your authorized period expired on Feb. 26, 2020. SO NO, you did not accrue any unlawful presence in the US on that occasion.

  • Filing for my parents greencard (i-130 & i-485 together)

    Diego’s Answer

    Your parents have started their Adjustment of Status (AOS) application process in order to obtain their Lawful Permanent Residence in the US. They could have opted to apply for immigrant visas from their country of origin. But since they have filed their AOS application, it is best if they remain in the US until their application is adjudicated and (hopefully) approved. They will be out of status after Nov. 28, 2019, the expiration date of their authorized period of stay. They could have filed an I-131 application for Travel Permit as part of the AOS packet, same as applications for Employment Authorization Document (EAD). They cost no extra fees. So, without a Travel Permit, they should remain in the US and should not depart under any circumstances after accruing six months of unlawful presence (starting on May 28, 2020). If they depart for any reason, or else they will be subject to the three year bar.

    You really should have consulted with an experienced immigration attorney. You may still want to do this to make sure your parents are on the right track.

    Best wishes.
    Diego Gavilanes

  • What are the limits on personal injury lawsuits?

    Diego’s Answer

    I assume your son is an adult since he was driving a vehicle one year ago when he was involved in the motor vehicle accident. As a concerned parent you should advise your son to consult fully with his own attorney concerning all aspects of his injury claim. It is his claim after all. Nothing that you can say to your son can be better than the expert legal advice of his lawyer. Indeed, you should encourage him to have confidence in him rather than to be providing legal advice of your own obtained in this site. This would be very counterproductive and unhelpful. Best wishes to your son on his injury claim.

  • Can a wrong middle name affect my 130 and 129f application?

    Diego’s Answer

    The civil documents you filed, i.e. birth certificates, marriage certificates, will independently show the correct names and the NVC may correct the error(s) on their own. But it would be best if you brought the errors to the attention of the NVC in writing or by phone ASAP. These are the types of mistakes that can result in delays or other problems. You really should consult with experienced immigration counsel. Good luck.

  • Marriage Based Green Card, Cashed checks means application acceptance?

    Diego’s Answer

    The answer is no. The cashing of the application fees does not mean acceptance of the applications filed, which can still be rejected for improper filing. Or the applications can still be denied for many reasons. I believe you already asked this question on a separate query and you have received answers from several attorneys. It may be best for you to consult with experienced immigration counsel. Best wishes.

  • Marriage based green card q: Receipt for i-130 Received, but three weeks later Receipts for i-485 and i-765 still not received

    Diego’s Answer

    The I-765 application fee for an Employment Authorization Document (EAD) is waived when submitted as part of an Adjustment of Status Application. It's fee. The entire application packet could be rejected for you to resubmit the correct fees. Or, considering that checks have already been cashed even though they shouldn't have, the receipt for your I-485 could be arriving separately. You may receive a rejection of the I-765 application and/or a refund of the I-765 fee. It is always best to entrust these matters to experienced immigration attorneys and their staff. They will help you avoid these problems, delays, rejections or denials. Good luck.

  • I lost EAD card somewhere and I have my flight to India tomorrow , will there be problems when I re-enter USA?

    Diego’s Answer

    I don't see any problem coming back to the US so long as your F-1 is valid and you are in status. The lack of your EAD, having misplaced it, should have no impact on your return at the time of inspection. I recommend you apply for a new EAD, however. Best wishes.

  • Why haven't I receive my permanent green card yet?

    Diego’s Answer

    If you paid the fee of $220 on line to the government for the creation of your Green Card, it usually takes a couple months to get the card in the regular mail. I usually ask our clients to make that payment after the immigrant visa is issued and before they travel to the US. If you did not pay the fee before you came to the US, you can still do it after your admission. Good luck.

  • How to file form I-864 when the petitioner does not meet the income requirement?

    Diego’s Answer

    Your income may be considered as part of your Adjustment of Status application even though you are the intending immigrant "if that income will continue from the same source after immigration" (your adjustment to permanent residence). Have a look at the following, especially item 2. You seem very educated and smart.
    However, it is best to consult with an experienced immigration attorney and avoid a number of possible pitfalls. Good luck. https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf.