Claimed Lawyer ProfileQ&A
- Immigration Law
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5 Questions Answered
- Q. My husband is a sex offender many many years back, can he petition for me for permanent residency?
- A: In a nutshell; yes he can file a petition for you
- Q. A charge of DUI that was dismiss after a first time offender claim can affect an inmigration petition on process?
- A: First-time DUI with no injuries or a DUI conviction is considered significant misdemeanor in most states, significant misdemeanor may affect only certain immigration benefits, but not all. First-time DUI with no injuries or a DUI conviction or even just an arrest could raise a red flag when hoping to become a naturalized citizen -- for example, in meeting the good moral character requirement. Whether a non-citizen's DUI affects his immigration status will depend on the specific facts of his DUI case.
- Q. What happens if you are caught shoplifting an are an immigrant out of status?
- A: Shoplifting is a crime involves moral turpitude (CMT). Conviction of shoplifting and other crimes involve moral turpitude shows that the person lack good moral character, if the individual is an undocumented alien who entered the United States illegally or are out of status, that individual becomes ineligible for admission into the United States. And his arrest for shoplifting will likely bring him to the attention of (ICE). Even if not convicted of shoplifting, he likely will face removal proceedings based on his unlawful immigration status. However there are other factors that may be important when determining whether alien maybe removed and whether conviction will lead to removal
- Q. How can my husband come to the u.s? He was approved for the i601.
- A: Your question it’s not clear, you did not state the specific reasons he was refused admission, it’s also not clear if you applied for him as alien relative or not, but assuming that you applied for him as alien relative, the I- 601 is a waiver of certain grounds of inadmissibility, some other issues may appear during interview that are not covered by the I- 601 waiver. Generally when refusing to grant visa, consular give a written report explaining the ground for refusal or the reasons for remanding cases to CIS for further action on petitions on behalf of relatives, please note that a approval of I-601 waivers is not an automatic reinstatement of previous immigrant status in the USA and your husband is considered alien seeking admission no alien returning to previous status
- Q. DS 260 - Do I say yes or no?
- A: You should still answer yes to this question , Its asking if you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?... And your son have been refused a U.S. Visa, the application is asking if you ever been refused visa and did not indicate time for that , as for the 5 years that is bar on admission and is not for this question
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