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Questions Answered by Joshua L. Goldstein

1 Answer | Asked in Immigration Law for North Carolina on

Q: I have an immigration question

Is there a waiver for INS 204(c)? If yes, what is the defense and document to use in supports of the waiver. Thanks

Joshua L. Goldstein answered on Mar 8, 2011

Section 204(c) of the Immigration and Nationality Act says that if you tried to get a green card through a fake marriage, then you are barred from obtaining a green card through a subsequent visa petition.

There is no waiver. But there may be other limited forms of relief depending on the...
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1 Answer | Asked in Immigration Law for Texas on

Q: I have removal proceedings, would there be any posibility for me to stay in the United States?

Joshua L. Goldstein answered on Mar 8, 2011

Yes! Consult with a good immigration lawyer, who has extensive experience in removal proceedings. You need to see if you have relief from removal. You may qualify for cancellation of removal, adjustment of status, asylum, etc.

1 Answer | Asked in Immigration Law for Connecticut on

Q: What does this mean?i do not request a redetermination of this custody decision by an immigration judge?

Joshua L. Goldstein answered on Mar 8, 2011

If someone is in jail in the custody of Immigration and Customs Enforcement (ICE), often this means that ICE has made an initial custody decision to detain this person without bond. You may request that an Immigration Judge "redetermine" the custody at a bond hearing.

1 Answer | Asked in Immigration Law for Illinois on

Q: My B2 visa got denied Dec.2010 what can i do to get my human right to visit friends.

I ran away( i stayed 2 weeks for x mas) from 5 immigration officers when they tryed to send me back Dec.1993.How long will they hold this incident against me.I just wanna see my friends after 17 years.After the 2 weeks i came back to the airport and took my sheduled flight back to germany.they were... Read more »

Joshua L. Goldstein answered on Mar 8, 2011

I'm sorry that the Consulate denied your application for a visitor visa. To be successful, you must persuade the Consulate that you are likelyt o return to your home country. You should support your application for a visitor visa with proof that you have a job, that you own property, that you are... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on

Q: If a 1203.4 was granted in CA on a first time cont-substance, is it enough to disturb the immigration removal in 1st dis

The original immigration proceedings started in CA .. but due to a change of venue the final removal order was given in MA- I know the 9th district and the 1st district treat immigration matters differently, but what rules apply when attempting to reopen?

Joshua L. Goldstein answered on Mar 8, 2011

File your motion to reopen with Boston immigration court, if that court issued the final order of removal, and no appeal to the Board of Immigration Appeals was filed. Boston is in the First Circuit so First Circuit law would apply.

1 Answer | Asked in Immigration Law for California on

Q: How can I get someone held in San Francisco I.C.E. Detention facility out of custody?

The person in question has been in the US for 22 years. Born in Vietnam. How can I find out why he has an I.C.E. hold & how can I get him out of detention?

Joshua L. Goldstein answered on Mar 8, 2011

An Immigration Judge order that this person be released from ICE custody after the payment of an immigration bond. Whether this person qualifies for bond depends on various facts. Does this person have a criminal record? A final order of deportation? Consult with an experienced immigration lawyer... Read more »

1 Answer | Asked in Immigration Law for California on

Q: If an illegal immigrant marries an us citizen and has an order of deportation can the immigrant get his citizenship?

Joshua L. Goldstein answered on Mar 8, 2011

Marriage to a U.S. citizen is a common path to permanent resident, i.e., a green card, which, in turn, may lead to naturalization and citizenship. An order of deportation is an obstacle to a green card. And by "illegal" what do you mean? Did this person enter the U.S. with a visa and a passport and... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: When my husbands petition got denied due to abandonment after I sent the evidence can the case be reopened?

Joshua L. Goldstein answered on Mar 8, 2011

Yes, you can probably try to reopen the case. But it's generally more effective to reapply. Whether to reopen or reapply depends on the facts of the case. If you need help, please give me a call in my office at 617-722-0005.

1 Answer | Asked in Immigration Law for California on

Q: Deportaion

My husband is currently serving time in a federal prison he also has a INS detainer (possible deportation) He came to the states with a asylum case convention against torture. My question is approx. when they take him to immigration jail how long can they keep him there? we will be fighting our... Read more »

Joshua L. Goldstein answered on Mar 8, 2011

If your husband is in ICE custody, ordinarily, he will have the right to a bond hearing where an Immigration Judge can redetermine his custody. Your husband will also have an opportunity to show that he deserves relief from deportation in Immigration Court. Good luck.

1 Answer | Asked in Immigration Law for California on

Q: Own a US greencard, need to fix a typo on the card, cannot keep biometrics appointment (out of the country), what to do

Joshua L. Goldstein answered on Mar 8, 2011

If you miss your biometric appointment, there is a risk that your application could be denied for abandonment. ASAP, you should go in person directly to the biometric appointment office with your notice and explain the situation. Usually, they will take your fingerprints on the spot.

Another...
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1 Answer | Asked in Immigration Law for Massachusetts on

Q: Is it possible that someone who had political asylum as a minor can be deported if the get arrested?

Joshua L. Goldstein answered on Mar 8, 2011

Yes. If you have a green card or a asylum or refugee status, you can be deported if you get convicted of various criminal offenses.

1 Answer | Asked in Immigration Law for Massachusetts on

Q: I am in the u.s. on a tourist visa from china. Can I stay in the u.s. legally if I marry while here as a tourist?

Joshua L. Goldstein answered on Mar 8, 2011

If you get married to a U.S. citizen, your spouse could file a visa petition for you and you could then apply for adjustment of status. But if you get married shortly after entering in the U.S. as a visitor, you could be charged with visa fraud. Please contact me for me information.

1 Answer | Asked in Immigration Law for Massachusetts on

Q: How does one go about appealing a decision on an N-565?

A naturalized person's date of birth was revealed to be incorrect by his mother after the naturalization certificate was issued, a submitted N-565 was filed to correct the date and was denied is there anything that can be done to correct the date on the application? Is there an appeal process?

Joshua L. Goldstein answered on Mar 8, 2011

You may be able to appeal or re-submit. Why was it denied? When was it denied? What documentation did you submit in support of the N-565? Please contact me if you need help.

1 Answer | Asked in Immigration Law for North Carolina on

Q: My husband was deported in 03. We have 3 kids. He is a reg sex offender. Can I get a marriage visa to bring him to US.

Joshua L. Goldstein answered on Mar 8, 2011

As a U.S. citizen, you can file a I-130 visa petition to bring your husband back to the U.S. as a permanent resident. But his criminal record and deportation order will require waivers--I-212 for the order of deportation and I-601 for criminal convictions.

Your case is extremely...
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2 Answers | Asked in Immigration Law for Kansas on

Q: What happens to an illegal immigrant who was caught shoplifting something less than $30 w/ no bad record?

The manager did not press charges, was not arrested, but has a court date.

Joshua L. Goldstein answered on Mar 7, 2011

If someone who is "illegal" or undocumented comes into contact with law enforcement, this could be the beginning of a process that leads to deportation. Even though the manager didn't press charges, this person must appear at a hearing for a "court date." Agents from Immigration and Customs... Read more »

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1 Answer | Asked in Immigration Law for Florida on

Q: Can I apply for waivers like I-601 and I-212 as I was removed for my aggravated felony conviction INA 101(a)(43)(P).

On March 16, 2010 I was removed for my criminal conviction under INA 101(a)(43)(P), which is an aggravated felony for immigration purposes. My wife is US citizen. Can I apply for waivers to come back to the US?

Any reply would be highly appreciated.

Thanks and Kind regards.

Joshua L. Goldstein answered on Jan 12, 2011

It sounds like you may need (Form I-212) an application to apply for early admission to the US. Your conviction would be a negative equity. Depending on the nature of your offense, you may also need a I-601 to waive the criminal ground of inadmissibility.

1 Answer | Asked in Immigration Law for Illinois on

Q: I was removed from usa because of a violation in canada but i was removed as if i was refused entry barred for 5yrs its

Joshua L. Goldstein answered on Jan 12, 2011

I'm not sure precisely what you are asking. But to clarify, if you got an order of removal (through expedited removal, or through removal proceedings initiated at your arrival in the US) after April 1, 1997, and you seek admission to the US within 5 years, you would be inadmissible unless you... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on

Q: My daughter lost her refugee passport age 15, help so that she may travel to the US again.

Joshua L. Goldstein answered on Jan 12, 2011

She can apply for a refugee travel document using Form I-131. It would helpful if she still had a copy of her expired travel document. Keep in mind that she should try to become a permanent resident so she can naturalize.

1 Answer | Asked in Immigration Law for Michigan on

Q: Where can I find the rules for the International-to-international program?

Joshua L. Goldstein answered on Jan 11, 2011

Can you clarify what you mean by "international to international" program? Perhaps you are talking about the J-1 Exchange visitor program? Or maybe you're referring to some aspect of international student visas.

1 Answer | Asked in Immigration Law for Wisconsin on

Q: I have recently admitted into united states through chicago international aiport and through immigration visa, And when

I enter the port the custom officer put the stamp saying,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

alien has been noified of the provision of section 216 and the procudures for having the condiional basis of her status removed" what does this means.

Joshua L. Goldstein answered on Jan 9, 2011

I'm not certain because I'd need to know more about your immigration status. But, in general, section 216 refers to conditional residency. If you're a conditional resident, you must file, together with your spouse, an I-751 petition to remove the conditions on your green card before it expires.

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