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Daniel Patrick Hanlon
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Daniel Hanlon’s Answers

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  • California First Time DUI..For immigrant F-1 Visa, Bargain Plea or Should fight for a dismissal at trail? Immigration Issues

    Arrested for First time DUI, Reason of stop No Plates on new car. If offered Plea, taking a Reckless is better for the immigration standpoint or should I take the case to trial court and fight for dismissal. Any befits over the other for immigr...

    Daniel’s Answer

    DUI is generally not considered a "Crime involving moral turpitude," so it would not give rise to inadmissibility or deportation. Consult with an attorney.

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  • Can i and should i sue the canadian immigration?

    I am currently 21 years old and am living in the the US with absolutely no documents except for a copy of my passport and birth certificate. when i was about 12 i was illegally in canada with my parents and canada was deporting us. they took my pa...

    Daniel’s Answer

    This does not sound like a viable cause of action.

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  • How can I travel back home while on OPT with expired visa?

    My visa expired in 2014. I haven't been able to renew it because I took summer internships and summer classes; the visa renewal takes at least a month in my country. What are my options for a visa to be able to travel back home while on OPT ? I ...

    Daniel’s Answer

    You need to obtain a new visa or other suitable travel document from the Consulate.

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  • My wife and me need to get our H-1b visas stamped. How is the US consulate in Montreal for this?

    We have full time jobs with reputed companies. Online I read some not very encouraging reviews of the american consulate there. What do you recommend?

    Daniel’s Answer

    The merits of the H-1B petition are more important that the location for processing.

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  • Is receiving social security and medicare benefits considered breach of contract for recent recipient of green card?

    My mother came on my relative petition, and received her green card about two years ago. We both signed a document stating we won't receive government benefits until she receives citizenship. But about a year ago, she met and married a man with US...

    Daniel’s Answer

    You could be liable on the affidavit of support for any public means-tested benefits she may use.

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  • I'm in the U.S. With my son, on a b2 visa. I met and fell in love with a US citizen. We want to get married and change my status

    How do we go about it. Can my son go to school in the meantime with his b2 visa.

    Daniel’s Answer

    Yes, it is possible to seek adjustment of status to lawful permanent resident based on a marriage to a US Citizen. Consult with an immigration attorney before making any firm plans.

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  • I797 A - needed for B2 visa Stamping for first time at the consulate ?

    I am on H1B. I have I797 C but I dont have I797 A. My passport is also not stamped through the current company who is holding my H1B I want to sponsor parents visa for first time, Do they need I797 - A for visitor visa (B2) at the consulate o...

    Daniel’s Answer

    Your parents can apply for a Visitor Visa without your I-797, however, it would not be a bad idea to have a copy. In either case, they will notify the Consul that you are already in the US in H-1B status.

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  • Can my 5 years old son attend public school while on a b1\b2 visa in the U.S.

    We are from Nigeria and will be visiting in November. Will that affect our status later.

    Daniel’s Answer

    This is not per se illegal in the short-term, however, it could cause difficulty in gaining extensions of nonimmigrant visas and/or status in the future.

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  • When's the last day to file H1B extension (recapture time overseas) using Premium Processing?

    I want to spend as much time overseas as possible before my current H1B expires to recapture the time abroad to extend my H1B. When’s the last day to file the H1B extension if I use Premium Processing? If we file a day before my current H1B ...

    Daniel’s Answer

    Generally, the last day to file fro an extension of status is the date on which the previous status expires. Ne careful and consult with an attorney.

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  • Change of employer during 221g and premium processing

    I recently appeared for my first h1b stamping and got 221g to submit more documentation.I submitted the documents immediately. Its been a month since then and there is no response from the consulate.Hence, I changed my employer.My new employer is ...

    Daniel’s Answer

    These are highly technical questions that should have been addressed to the company's immigration lawyer in the first instance.

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