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Leslie Ann Diaz

Leslie Diaz’s Answers

13 total


  • What is my next step could be? I have a court order for August and I am afraid judge will deport me and separate me and my baby.

    I am divorced for over 2 years now. My husband(us citizen) had rocky relationship after a years of marriage. He started abusing and stocking me. I filed all appropriate documentation as restraining order and so on. During our marriage we had every...

    Leslie’s Answer

    You may qualify for a special type of cancellation of removal for abused spouses of US citizens. It does not have the requirement that you file within two years of divorce, but it does have other requirements that you may or may not meet. In removal proceedings, you will have the opportunity to apply for this relief and have a full hearing on eligibility before the immigration judge. It is very important that you consult with an experienced immigration lawyer with expertise in removal defense, who can evaluate your case to see if you are eligible for this or any other relief from removal.

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  • My husband has been pardoned for a felony which occurred in 2003 and are now seeking citizenship.

    Hello, in 2003 my husband was convicted of a felony drug offense. Basically he was at the wrong place at the wrong time. Since this conviction, 13 years ago he has gotten a bachelors degree, MBA and become a CPA. He has a great job working for a l...

    Leslie’s Answer

    Unfortunately, most pardons do not help overcome a deportability ground based on a criminal conviction. But there are a few exceptions. You should definitely consult with an immigration attorney with expertise in criminal issues. Good luck to you.

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  • How do i apply the waiver under section 2A1

    Hi, I got the Refusal worksheet from consulate and marked with the following, 1. Ineligible found under section 2A1 2. you are eligible to apply for a waiver of the grounds of ineligibility. What does the section 2A1 mean ? Does the point 2...

    Leslie’s Answer

    I would need a lot more information from you to answer this question. What type of visa were you applying for? Have you ever been to the United States? Have you been denied for a visa before? Do you have a criminal recor?. I do not know what the "2A1" refers to. Generally grounds of inadmissibility are given as a sub section of INA section 212. Either way, if you have been refused by the consulate, you definitely need the advice of an experienced attorney who specializes in immigration.

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  • How long does the process take to file for citizenship, my green card expires in August 2016

    Filing for citizenship

    Leslie’s Answer

    The process usually takes 4 to 6 months, assuming that there are no eligibility issues and you provide all requested documents by the time of the interview. This includes certified court records of any arrests you have had, even if you previously provided them to USCIS. If you don't have everything that is required, your case will be put on a shelf to await you providing documents, and may not bee looked at again for several months afterwards. In order to avoid delays, you may want to consult with a qualified immigration lawyer to make sure you do not have any eligibility issues before filing.

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  • Do I have to wait 5 years to file for my citizenship or i can still file once my 3 years is complete?

    I'm a green card holder by marriage, we were married 4 years before our divorced was completed, he filed for the divorce. but we didn't stay together for more than a year, now I'm remarried to a retired us military citizen and with a child. Do I h...

    Leslie’s Answer

    Your facts do not say how long you have been married to your present spouse. If you have been married to (and living with) your present spouse for three years, you can file now. If not, you need to wait until either you have been married to him for three years or you have had your green card for five years, whichever is first.

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  • What is the application that I need to file to remove my conditional permanent residence status?

    I am a conditional permanent resident. It is time for me to get my permanent residence card for 10 year. What application do I need to file? What is the fee? Will I have to go through the interview process and everything again?

    Leslie’s Answer

    The form you need to file is called an I-751. You can access it online at www.uscis.gov and the filing fee info is listed there. You will need to submit as much updated proof that you are still living in bona fide relationship with your spouse, including bank statements, leases, utility bills, tax returns, birth certificates of any children born to the marriage, joint insurance coverage, proof of travel together, etc etc. Do not submit the same documentation that you submitted with your original application. Submit only new documents that have been created since you were approved for your conditional card. For monthly statements, it is best to submit a statement for every month instead of just the latest statement.

    Assuming that you have plenty of documentation to support your marriage, USCIS will approve you without an additional interview. If you are in a bona fide relationship but simply have very little documentation to show it, they will call you for an interview, but as long as you both show up and answer all of their questions, you will probably get approved. If you are no longer in a bona fide relationship with your spouse or if you are divorced, you need to consult with an immigration lawyer. You can still get approved for removal of the conditions, but it is more complicated.

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  • In case I only get for 1 year, should I bother applying at all instead of travelling to US every year ?

    I have renewed my re-entry permit twice already (2012 & 2014) and need to extend my stay again. Will I be able to get for 2 more years or 1 year only this time ?

    Leslie’s Answer

    I don't see any reason why they would not renew for two years again. Have you heard otherwise? It is a good idea to renew your re-entry permit just in case you end up staying out longer than expected. It gives you options. Otherwise, it is more than just a matter of not staying out of the US for six months or more: you will need to be able to show an intent to reside in the US, as evidenced by things like ownership of property, US bank accounts, family ties, and employment. If you know that you need to be out of the United States long term, the safest thing is to have the re-entry permit.

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  • How do I retrieve my money

    Ghana embassy lost my passport when I was trying to acquire a visa to Ghana I had to cancel my flight and it cost me money they later found it and sent it to me and I had to buy a new ticket which was more expensive can I ask them to pay for my fi...

    Leslie’s Answer

    I highly doubt that you can recover lost travel expenses on this basis. However, the best way to find out is to ask them directly. I'm sure that every country has a different policy on this. So I would suggest contacting the Ghana embassy directly. They should have a customer service link on their website.

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  • Do I need a passport if I m granted asylum ?

    I have been granted Asylum today in Atlanta Georgia at the immigration court by the judge, I came in the state in 2008 on a F1 student visa and my passport expired in 2013 but I m still in possession of I 94 . Is it going to be a problem for me ? ...

    Leslie’s Answer

    Congratulations! As an Atlanta practitioner, I can tell you that it is extremely difficult to win asylum in the Atlanta immigration court. In fact, only about 10% of cases are granted per year. So I'm sure your attorney did a great job in representing you and that you testified well. To answer your question, you will need to apply for something called a Refugee Travel Document in lieu of a passport. You have to apply for it through USCIS; it won't come to you automatically. You will receive a little book that looks a little like a passport, and you can use this to return to the United States after overseas travel. However, it is very important that you not travel to the country from which you have sought asylum. You could lose your asylee status and potentially be deported if the government becomes aware that you have. If you feel that your current lawyer is not knowledgeable about rights and benefits of asylees, you may wish to consult with another immigration attorney with expertise in that area.

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  • Unconditional Green Card Petition (Based on Marriage) And Filing Taxes Jointly

    I'm submitting the petition to remove conditions from my green card status (based on marriage); applying for a 10 year green card. When it comes to the tax return requirement, it does not necessarily make financial sense for my wife and myself to ...

    Leslie’s Answer

    Filing taxes jointly is only one of several factors that the adjudicator will look at to determine if your relationship is bona fide. It makes no difference whether you are filing as "married filing jointly" or "married filing separately." Just make sure you are not filing as "single" or "head of household" (unless your spouse does not live with you and you have dependents), because that would both be tax fraud and indicate that your relationship is not bona fide. But assuming you are filing "married filing separately," it should not go against you. You can also show commingling of assets through a joint bank account. Just be sure you are actually using the joint bank account for your day to day expenses and having your paychecks deposited there. Two years of bank statements with no activity on them are absolutely worthless for showing co-mingling of assets.

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