Skip to main content
Naresh M Gehi
Avvo
Pro

Naresh Gehi’s Answers

17 total


  • Documents required to travel outside the U.S. for person with a i-485 pending

    i entered US with F1 Visa, but then I applied for asylum, and granted. i am a granted asylee, then I got married to US Citizen. so, I applied the adjusment of status through husband petition, not through asylum. The I-485 is still pending, on the ...

    Naresh’s Answer

    My recommendation to you is to apply for advance parole. However, it would be in your best interest to not travel to the country thro. which you are claiming asylum.

    Naresh M. Gehi, Esq.
    wwww.nareshgehi.com

    See question 
  • Husband and wife married for 2 months, husband is illegal from mexico what are the procedures for getting a green card

    my husband and i have been together for about 5 yrs but married for only 2 mths and he is illegal and from mexico. what do we need to do to get his papers here so he can work and get legal... help please we dont know where to start thanks

    Naresh’s Answer

    If your husband entered with a Visitors Visa and if you are a US citizen, your husband may be eligibe to obtain his Permanent Residence without leaving the United States. However, if your husand entered before December 2000 and has an application (I-130) which was filed by his relatives or was sponsored thro. a labor certification, he can still try to get his Greencard without leaving the United States. These are some of the options for you.

    Naresh M. Gehi, Esq.
    www.nareshgehi.com

    See question 
  • Husband and wife married for 2 months, husband is illegal from mexico what are the procedures for getting a green card

    my husband and i have been together for about 5 yrs but married for only 2 mths and he is illegal and from mexico. what do we need to do to get his papers here so he can work and get legal... help please we dont know where to start thanks

    Naresh’s Answer

    If your husband entered with a Visitors Visa and if you are a US citizen, your husband may be eligibe to obtain his Permanent Residence without leaving the United States. However, if your husand entered before December 2000 and has an application (I-130) which was filed by his relatives or was sponsored thro. a labor certification, he can still try to get his Greencard without leaving the United States. These are some of the options for you.

    Naresh M. Gehi, Esq.
    www.nareshgehi.com

    See question 
  • Immigration, overstayed on a visitors visa is it possible to file for residency or citizenship

    hello, i have been here for almost 14 yrs now with my family.. we came here with a visitors visa, and have stayed since.. my mom, since we have been here has had 2 children, so that makes them legal residents. We have been good citizens, paid taxe...

    Naresh’s Answer

    You have indicated that you have been living continously for 14 years. You can consider cancellation of removal from the US under Section 240 if you have been here for more than 10 years. However, please note that in order for you to be granted cancellation of removal, you have to prove that there will be extreme, exceptional and unusual hardhsip to your US citizen children. In essence, proving this is a difficult burden and therefore it would be in your best interest to speak to a good attorney. Thank you.

    Naresh M. Gehi, Esq.
    www.nareshgehi.com

    See question 
  • Divorce in NY state and the affect on immigration status and citizenship

    I have a divorce case pending against me and I would like to file for citizenship. I was served with the divorce papers about a year ago and we have not finished the case yet. Is it possible if I can file for US citizenship even though I dont ha...

    Naresh’s Answer

    I am a New York attorney who handles divorces and immigraion. My recommendation is that you should apply for citizenship after 5 years from the date of your Permanent Residence. I recommend that you retain any attorney of your choice prior to filing your application.

    Naresh M. Gehi, Esq.

    See question 
  • Conditional Green Card

    I have married my husband overseas in Jan 2007 and have baby in Nov 2007 and I came here to USA in Apr 2008 and i have been issued conditional green card. but the matters go bad with us as since i came here he is threating me to go back to my home...

    Naresh’s Answer

    It appears to me that you married your spouse with an intent to establish your life with him. However, if you can prove that he has been extremely cruel then you do not need his signature when you apply for the removal of conditions. I have handled such cases and I had a client in a similar situation. The burden of proof is on you to show that there has been extreme cruelty which has been exhibited by your husband. If you are able to prove this, then under Seciton 216 of the Immigration Act, you can be successful without your husband's cooperation.

    Naresh M. Gehi, Esq.

    See question 
  • Green Card Loop Holes?

    My Best Friend is married to a non- citizen, when he was a 15 he got into trouble and robbed a house for food. They charged him as an adult and took his green card away till hes 45. He's 30 something now. Since he married his wife which is a US bo...

    Naresh’s Answer

    Try to revisit the criminal court to find out why he was charged as an adult. Furthermore, since he was 15 and if any of his parents were citizens, then he can consider reviewing the child citizenship act and try to reopen and reconsider his case. If he was charged before 1996, then he may be entitled to relief under 212(c) of the Immigration Act after your case is properly reviewed. In such an instance, you may try to file a Motion to Reopen and consider 212(c) if the act occured prior to 1996.

    The above a some of my recommedations and I cannot advise you specifically until I know the entire case.

    Naresh M. Gehi, Esq.

    See question 
  • Misdemeanor for lewd conduct 16 years ago seeking an I-601 waiver of inadmissibility

    Because, I'm single man with no kids only a mother sister in nephew who are here legally and depend on my financial and emotional support my chances I 'm being told are thing. What can I do ?

    Naresh’s Answer

    A waiver requires a showing of extreme hardship to the sponsoring relative. Here, you will have to show that there will be tremendous hardship to the sponsor if your Permanent Residence to the US is denied. Show proof or Rehab, counseling and proof of hardship to the sponor such as medical treatments needed by sponsor if applicable and other pertinent documents.

    Naresh M. Gehi, Esq.
    www.nareshgehi.com

    See question 
  • Immigration status and marriage requirements, fiancee is a permanent resident

    i am a citizen of the u.s. and my fiancee is a permanent resident ... are there any regulations for marriage?

    Naresh’s Answer

    Getting married involves state related issues. In other words, you have to look at the law of your state in connection with the validity and recognition of the marriage. For immigration purposes, I strongly recommend that it is a good idea to have a marriage license. I hope this answers your question.

    Naresh M. Gehi, Esq.
    www.nareshgehi.com

    See question 
  • DUI conviction allow to get citizenship

    I got first dui since i am driving Inever did any mistake before. Can i apply for a U.S. citizenship? Is any problem to get citizenship? My current status is green card holder( more than five years) Is any one can give answer?

    Naresh’s Answer

    Firstly, I would request you to retain any attorney of your choice to review your certificate of disposition. If you were charged with a violation which is not a crime or moral turpitude then you can apply for citizenship immediately. However, if the crime is a crime involving moral turpitude, then you will have to wait for 5 years.

    Naresh M. Gehi, Esq.
    nareshgehi.com

    See question