Questions answered by Philip Alan Eichorn

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Immigration

Philip's answer | Answered on January 16, 2012

Most likely not. The manner of entry controls the ability to apply for immigration benefits. Someone who enters without inspection is usually...

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I entered the US on an immigrant visa on december 20 2011, They stamped my passport above temporay visa and wrote my Alien

Philip's answer | Answered on January 16, 2012

The stamp in your passport may be proof of LPR status but you should confirm that with CIS. Make an infopass appointment and have the officer...

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I am a permanent resident whose wife moved to a different state, can i still apply for naturalization?

Philip's answer | Answered on January 16, 2012

Yes you can still apply for naturalization. If you are seeking to use the marital union exception then you'll need to explain why you are living...

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US citizen wants to marry a Mexican nat. with overstayed visa. She lost her passport, how will this affect the I130 process?

Philip's answer | Answered on January 16, 2012

The loss of the passport doesn't effect your marriage or the I-130 visa petition. The I-94 is the critical evidence that she was lawfully...

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Should I try a I-130 or a waiver?

Philip's answer | Answered on January 16, 2012

You need to hire a lawyer. There are some amazing lawyers in the Washington area; use AILA lawyer search function, AVVO and FindLaw. The burden...

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In removal proceedings and my i-130 still pending since june.

Philip's answer | Answered on January 16, 2012

First, hire a lawyer if you are in removal proceedings. Second, your lawyer can file a motion to continue the removal proceedings and also contact...

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Do immigrants have to be deported after starting their process of citizenship?

Philip's answer | Answered on January 16, 2012

If he entered without inspection and is not 245(i) eligible, then he cannot adjust status. Thus, he would have to depart and reenter in order to...

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Can somebody accused of child molestation but found not guilty apply for us citizen?

Philip's answer | Answered on January 14, 2012

CIS will likely review that person's background with a find toothed comb. There is no legal preclusion to a finding of good moral character where...

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I wanna know if i need a waiver?

Philip's answer | Answered on January 14, 2012

If you were lawfully admitted, married to a citizen and otherwise admissible, then any issues with unlawful presence are inconsequential.

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Should I get him a lawyer or will the federal courts get one for him.

Philip's answer | Answered on January 14, 2012

There is no appointed counsel in removal proceedings. Get him an immigration lawyer now to assist with defending the criminal charge and the...

Philip Alan Eichorn's Answers (4474)

Immigration

I entered the US on an immigrant visa on december 20 2011, They stamped my passport above temporay visa and wrote my Alien

I am a permanent resident whose wife moved to a different state, can i still apply for naturalization?

US citizen wants to marry a Mexican nat. with overstayed visa. She lost her passport, how will this affect the I130 process?

Should I try a I-130 or a waiver?

In removal proceedings and my i-130 still pending since june.

Do immigrants have to be deported after starting their process of citizenship?

Can somebody accused of child molestation but found not guilty apply for us citizen?

I wanna know if i need a waiver?

Should I get him a lawyer or will the federal courts get one for him.