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Javier G Pineda

Javier Pineda’s Answers

2,245 total


  • Immigration denied my husbands citizenship application, can he lose his resident card too? It will expire next year.

    he applied for citizenship a few months ago but the immigration officer denied his application and told him that she will turn in his application to her seniors and they will make the final decision. We are still waiting for an answer. His residen...

    Javier’s Answer

    Not enough information. The crime that he committed 7 years ago is important to the evaluation. If he is subject to being deported and USCIS denies his naturalization, then USCIS will issue a notice to appear in Immigration Court. If he is not eligible for a defense, then, yes he can lose his residency. See an experienced immigration attorney as soon as possible. Good luck.

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  • ICE gave my husband a protection for one year from June 2013 to June 2014. What should we do?

    My husband got a ticket and few months later ICE went home to arrest him. He get out the same day paying a bond and ICE protected him for 1 year. ICE give him a court day for June, 2014 but the judge change his court day for March, 2015. My husba...

    Javier’s Answer

    See an experienced immigration attorney as soon as possible. If he entered the US legally and you are a US citizen, he may be able to apply for legal residency. His immigration history and criminal history has to be evaluated. Good luck.

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  • How do we go about submitting a successful I-601 waiver for father?

    My father who is the principal applicant of an approved petition got called to his consular interview where he was denied on grounds of unlawful presence in the US for over a year. He is currently serving his 7th year out of his 10 year ban. Th...

    Javier’s Answer

    A waiver of the 10 year bar for unlawful presence can only be waived by proving extreme hardship to a qualifying relative and showing that the applicant merits a favorable exercise of discretion. Only Legal Permanent Resident of US citizen spouses or parents are qualifying relatives. In your set of facts, your father's US citizen spouse is not a qualifying relative any longer and as you state, his mom has moved outside the US, proving extreme hardship seems unlikely. Without extreme hardship, you can only wait until the 10 years are completed. Just curious, who filed the petition for your father?

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  • If sponsor didn't have US passport, what is acceptable rather than that?

    Embassy asked from my Mom's sponsor to send copy of passport, W2 and tax return for 2013. The sponsor says he didn't have passport, What substitution document would be acceptable instead? He believes USC certificate is acceptable. ...

    Javier’s Answer

    Copy of birth certificate with Government issued ID will suffice to show that he is a US citizen. I assume this is for the affidavit of support. Good luck.

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  • Is police report necessary for vawa?

    1. My lawyer said just state background check is fine for my vawa. She didn't include any local police report . Is it going to be ok? 2. She want to send some proofs later but apply now. Can she do that? 3. Can i ask her to show me file before ...

    Javier’s Answer

    You have this conversation with your lawyer. Having your lawyer answer these questions and explain your immigration process is why you hired her. She is in a better position to answer your questions and concerns. Good luck.

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  • My husband 601a was reopen

    Yes he's bin in Mexico for about 2 months for his 701waver but know they have reopen his 601a

    Javier’s Answer

    I will take a crack at this. You filed an I-601A while your husband was in the United States. USCIS denied the I-601A due to their "reason to believe" policy. You decided to proceed to the consulate and submit the I-601 after hi IV interview. USCIS is reviewing their "reason to believe" policy and have reopened your husband's denied I-601A. If you have al ready filed the I-601, then the notice means nothing. I would let USCIS know that your husband is abroad and copy of the receipt notice for the I-601. Hope your waiver application was properly done. Good luck.

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  • I360 approved a year ago and still have no interview to adjust status

    i have an i360 aprproved since april of 2013 which is a year ago..i485 was filed with i130 however we asked them to put it on hold because i had problems with my wife and that i filed for i360..i filed an erequest in july and in october they repli...

    Javier’s Answer

    Schedule an infopass or hire an attorney to have USCIS consolidate your files and take action. You have to make USCIS pay attention to your case otherwise it will just linger. Good luck.

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  • My father petitioned for me in 2005

    I was 16/17 when my father petitioned for my residency. He was a legal resident at the time and shortly after my 18th birthday he became a US citizen. In 2012 he petitioned for my mom and within the year my mother received her residency. According...

    Javier’s Answer

    See an experienced immigration attorney. It appears you can file your application for residency as a child of a US citizen. If you entered lawfully or are other wise eligible under section 245(I), you should have been a permanent resident many years ago.

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  • My USC mother filed I-130 for me when I was married. My husband passed away so I am now "unmarried." Do I need to refile I-130?

    What do I need to do to notify USCIS of my "new marital status" so that my priority will be current?

    Javier’s Answer

    No, you do not need to do that if your case is with USCIS. Just keep an eye on the first preference of the visa bulletin. When it is current and if you are eligible to apply for adjustment of status, go ahead and apply. You must include copy of death certificate. If your case is with the National Visa Center, then it is a good idea to let them know. Sorry about your loss and good luck.

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  • Hi I recently have the I-765 and I will need to renew sometime next year in March. Am I eligible for I-485 form?

    Can you please give me an idea if that can be the next step for me? Thank you Highly Appreciated.

    Javier’s Answer

    Without knowing the reason you received your employment authorization, there is no way to answer your question. Take the time to consult with an experienced immigration attorney.

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