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Brian Ross Murray

Brian Murray’s Answers

19 total


  • Can I get a work or tourist visa after having multiple immigration violations?

    In the year 2000 I entered the United States illegally. I used a social security number that did not belong to me in order to work. While on my job in New York, in 2002 I was detained and deported back to Mexico. I returned 1 month later after ha...

    Brian’s Answer

    You don't have to look hard through your summary to see that you are subject to what is referred to as the permanent bar. It isn't exactly permanent, but for all intents and purposes, it often is. The permanent bar under 212(a)(9)(C)(i) of the Act arises when a person has been deported, or leaves by any manner after accruing more than 1 year of unlawful presence, and enters or attempts to reenter the United States without being admitted. What the bar requires is, as others have said, that you remain outside the United States for at least 10 years. After that time, in certain limited cases you may ask for permission to re-enter but only upon a grant of a waiver. There are several other issues you mentioned which also carry immigration consequences including possible fraud, and possibly criminal bars. Your situation does not look promising, at least under current law, to say the least. But you shouldn't certainly speak further with a qualified immigration attorney. Best of luck to you!

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  • I was adopted by a U.S. citizen. Am I a citizen?

    I was adopted in 1991 when I was 14 years old by a U.S. citizen father and permanent resident mother. I resided with my adoptive parents until I was 18 years old. My adoptive father passed away in 1999. I was admitted as an IR2. Am I a U.S. citizen?

    Brian’s Answer

    I answer your question with a couple questions: 1) did your mom naturalize before you turned 18? 2) did your parents legally separate before you turned 18?

    If your answer is no to both of those questions then I concur with the others, I think you probably did not automatically acquire citizenship. Prior to the Child Citizenship Act of 2000, with only a few exceptions, you could only acquire citizenship automatically through a father if he was a surviving parent, or the sole parent with custody following a legal separation. Otherwise you would need both your parents to have attained citizenship prior to turning 18. Obviously, this can get complicated so I encourage you to take this matter to a real, live, attorney. Best of luck to you.

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  • I have a pending asylum case, for almost a year now, but i have been married for 6 months to a US Citizen. Can she file i485?

    Is it possible for my wife to file adjustment of status for me whilst i have a pending asylum case? How would i go about switching the processes and would be current employment authorization card still be valid?

    Brian’s Answer

    You can always pursue multiple immigrant paths at once. If you are eligible for adjustment of status you should certainly pursue the one step marriage-based process. Your current work authorization is unaffected by filing.

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  • Can my husband travel with his drivers license via plane even if he is illegal?

    My Husband and I are in process to get his paper in order

    Brian’s Answer

    Even traveling domestically has been known to cause problems for some of my clients with certain destinations. I would strongly urge him to avoid air travel.

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  • I'm married to a US citizen if we apply for my green card on our 2 year anniversary, is it automatically a 10 year green card?

    Wondering if we're wasting time by not applying yet or if it's just easier to wait 8 more months then apply once we've been married for 2 years? By easier I mean, bypassing the conditional 2 year green card and getting a 10 year at that point? Wan...

    Brian’s Answer

    Wait till 2 years and 1 day after marriage and there will be no conditional residency. Good luck!

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  • Illegal reentry after expedited removal.

    Lets say a friend of a friend was 18 when this happened in 2006. She came here because of severe persecution, got caught and was removed expeditely with a different name she gave them because she was scared and she told them she's from MX not Cent...

    Brian’s Answer

    Speak with a lawyer about 1) U Status, and 2) FOIA for Expedited Removal docs.

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  • Should I apply for an I-290B after I got a denial of from I-730 for my husband?

    It was granted asylum in September 2014 however I wasn't married at the time. My husband and I got married in October 2014 and applied for a refugee relative petition in November 2014 six months later in May 2015 our petition was denied since we w...

    Brian’s Answer

    If you were ever common-law married, for example, in District of Columbia where they still recognize common law marriage, then perhaps you have an argument. Needless to say, you have a difficult hill to climb, You definitely need to consult a skilled immigration attorney, Good luck!

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  • I was order deportation, but my country of birth doesn't accept me

    I came to US with my family when i was 9. I later spent 3 years in juvi and my green card was taken away. They ordered deportation but my country wouldn't take me back since i'm not even a citizen of Russia. Virginia won't give me DL since i have ...

    Brian’s Answer

    • Selected as best answer

    I assume you are under an Order of Supervision and have the work authorization associated with that. You are right that Virginia's legal presence requirement for purposes of issuance of driver's licenses is quite restrictive and does not cover those with a final order even where they are under an Order of Supervision. Put simply, your options as I see it are 1) try to reopen your prior removal order - and I obviously cannot weigh the chances of success on that without much more additional information, 2) moving to a state with less restrictive licensing requirements (e.g. Maryland), or 3) don't drive.

    I hope that you seek the advice of an attorney because you may have legal avenues with respect to your prior order (you mentioned "juvi" as the basis of your green card being "taken away" which does not make sense) but this is not the venue for such analysis. Good luck!

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  • What advice can I receive from a lawyer for my immigrant visa interview ?

    Hi, ffinally I have my immigrant visa interview In the USA consulate in San Salvador next month my husband did a petition for me I have been here unlawful. I am very happy. For my interview. Just I would like any advice. But at the same tame I w...

    Brian’s Answer

    Make sure that you have completed your criminal record check in El Salvador and the medical exam. Bring your I-601A approval and be prepared to answer questions regarding other grounds of inadmissibility. Without knowing additional specifics regarding your case it is impossible however to anticipate other potential lines of questioning. Good luck!

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  • My daughter of 14 years old and I are in process with a case i - 360?

    IF my case is not approved are both going to be put in deportation. Or as soon as she turns 15, she can apply for DACA. Can she apply DACA even tough she is in process with another case. Will she be able to stay and study if the i360 is not appr...

    Brian’s Answer

    • Selected as best answer

    Yes, she can apply for DACA while the I360 is pending. As for whether she is eligible for DACA, that requires additional information. But I don't think that was your question. And if she was eligible and her DACA application was approved she would be able to stay. DACA would not however give you status or automatic protection as her mother. None of this says of course whether you or she have other options you havent considered. I advise you to see further consultation with a qualified attorney.

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