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Javier G Pineda

Javier Pineda’s Answers

2,245 total


  • Do I qualify for DACA?

    I came to the US in October 2008. I was 13 at that time, now I'm about to turn 19 this October. I'm in college now which means I have been in school since I came to the US.I have a clear record/background. no tickets no citations.

    Javier’s Answer

    DACA requires that you have continuously resided in the United States since June 15, 2007. So, no.

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  • Resident card ???

    I'm from Costa Rica enter legally to the states with tourist visa. I meet my wife and we got married... After months of married I received domestical abused and she went to jail... After this horrible experience I decided to move to Costa Rica. Ho...

    Javier’s Answer

    Well, maybe you have a case under the Violence Against Women Act. However, more information is needed and I recommend that you have a consultation with an experienced immigration attorney to see if you have options. There are time limits, do this as soon as possible. Good luck.

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  • I have a deportation

    I from west Africa I can't go back to my African.

    Javier’s Answer

    These types of cases are generally too complicated to provide meaningful advice in this forum. If you have a copy of your immigration file, consult with an experienced immigration attorney as soon as possible. Good luck.

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  • Second Petty theft; immigration consequences.

    I was convicted for Petty theft, with 2 years of probation and 1 day jail time in 2012, and again now in 2014 but probationary period ended, i was given citation for Petty theft. What if I get convicted again with minimum jail time and probation....

    Javier’s Answer

    We do not know your current status to be able to tell if it will be affected. We do not have enough information to determine if you can apply for a green card. Your full family, immigration and criminal history has to be reviewed. Last, committing multiple crimes involving moral turpitude has negative consequences on eligibility for immigration benefits. Consult with an experienced immigration attorney to properly evaluate your case. Good luck.

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  • Im in the army im planing on getting married with my fiance after my graduation and i have been a legal resident for 8 years im

    im in the army im planing on getting married with my fiance after my graduation and i have been a legal resident for 8 years im now 19 and so is my fiance. when she was 13 she came legally with a visa on her passport but because of her mom she ov...

    Javier’s Answer

    First thing you need to do file the paperwork to become a US citizen. As an active member of the military, special provisions may apply to you. Second, because your fiancee entered lawfully to the United States, once you become a US citizen, she will be eligible to apply for residency in the United States. Consult with an experienced immigration attorney to understand the process. Good luck.

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  • Travel out side US while greencard removing condition in process?

    Hi. My father is in VietNam and his health is getting worse. I want to travel to Viet Nam to visit him. I already submited the greencard removing condition application and also received the reciept , and had my biomoetric taken. My question is can...

    Javier’s Answer

    I agree with the other attorneys, but I will add one more thing. Unfortunately, airlines do not always understand the meaning of the automatic extension on your conditional residency. I suggest you go to the USCIS office in Santa Ana with a letter from your father's doctor and get a temporary stamp on your passport. May avoid headaches.

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  • RENEWAL DACA: CHANGE OF LAST NAME

    i am currently under the law DACA have my permit and all. i have to now renew my permit and daca. a few months back i change my name to my married name. drivers license, bank statements, utility bills everything shows my married name. i would like...

    Javier’s Answer

    Just submit a copy of your marriage certificate. Do not send originals, unless specifically requested to do so. Good luck.

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  • Is biometrics needed before the issuance of EAD?

    I have not received my biometrics appointment

    Javier’s Answer

    Yes. If more than two months have passed since USCIS issued your receipt notices, give them a call. Good luck.

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  • Can I be approve for a I-6001 waiver?

    I'm married with an American u.s citizen for 2 years and half. We have a baby 16 months old. I go to school my husband too. I'm trying to get mi high diploma. He works and he go to school too. He work is 40 hours but also is required to work any h...

    Javier’s Answer

    I can tell you that it appears that you are eligible to apply for a provisional waiver (I-601A), but that is about it. Much more information is needed to determine if the facts in your case meet the extreme hardship standard. I suggest you meet with an experienced immigration attorney to properly evaluate all the facts in your case and give you an honest assessment. If you are trying to get your high school diploma, entered the US before June of 2007, you were under the age of 16 and you were under the age of 31 as of June 15, 2012 you may be eligible for Deferred Action. This may lead to other options. Take the time to see an attorney. Good luck.

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  • How long I need to wait to apply citizenship after renew my conditional green card ?

    How long I need to wait to apply citizenship after renew my conditional green card

    Javier’s Answer

    Assuming you remain married with your US citizen spouse and meet all other requirements, three years from the date you were granted your conditional residency. You need to be a legal permanent resident for three years. The two years as a conditional resident count towards those three years.

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