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Questions Answered by Roland Godfrey Ottley
2 Answers | Asked in Family Law and Immigration Law for Maine on
Q: IS the lawyer thought's right? Why the immigration will ask us for other docs if they're gonna deny it?

Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Aug 2, 2022

I am not sure why your lawyer gives that advise! Nevertheless, I would say that since your mother's status has now changed to that of a US citizen, your status changed to a potential derivative citizen, an immediate relative; a preference one category; or a preference three category. The... Read more »

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require proof of my chronic illness to make a repair?

The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Aug 2, 2022

NYS Multiple Dwelling Law Sec. 50-a, regulates entrances: doors, locks and intercommunication systems in building that meet the criteria. Your landlord/ management company has to have the intercom and buzzer. The owner should explain why it is taking a year to fix the intercom and buzzer system.... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: Hi there. My parents got offered PD, my question, can I apply for their green card once I obtain my citizenship?

My parents applied for asylum 9 years ago when we first came to the US. We came with visit visa and never left. I got married to a citizen and just got my green card. In three years I will be a citizen and my question is can I apply for my parents green card if they have PD? I need to learn if... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 30, 2022

By PD, I presume you mean prosecutorial discretion. If so, you should be able to file for your parents once you become a USC.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Holdover delinquent rm renter (I am prime tenant, not prop owner of mkt rate apt) invoked ERAP to stay eviction. Help!

He was in unit <12 mos & served Notice of Term. BTW I rec'd ERAP already! His clear ineligibility/fraud reported to ERAP 2 weeks ago by ph 2x.We are before Judge Howard Kings Housing Ct. I am not repped. HELP.

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 30, 2022

Well you will need to file a motion to vacate the ERAP stay! We can help you! Call The Ottley Law Firm at 7182212162.

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: How to respond to an RFE from USCIS (pending I-485 / AoS) about DUI that doesn't yet have a disposition?

I'm looking for an experienced attorney who can advise me on the best strategy given the following inputs:

- Had a 1st time DUI in Monterrey country (CA) in July 2020 (no injuries, no accidents but 0.17 BAC)

- Lost the Monterrey court in Sept 2021 but made an appeal which is... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 18, 2022

It appears as though you have been convicted of DUI. You must have a decision/order/judgment from the court to indicate that you were convicted. In any event, you have appealed this conviction and the outcome of that appeal may take a while. However, for argument sake, let us say that your... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: can i apply for citizenship if i owe irs from prior yrs with old ss number? and had a misdemeaneor in 2000? im gc holder

we received a letter from irs stating we owe 2012 2014 taxes with my old ss number and my husbands old Itin Number. we both are now Green card holder for 5 yrs now with new ss numbers. I had a misdemeanor for theft under $75 in 2000, i did my community service and case closed.Do I need to report... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 11, 2022

Provided that all the other issues and considerations for filing for citizenship are without problems, then you may be able to overcome your problem of owing IRS back taxes by negotiating a settlement with them. If you are able to do so and you have been paying taxes for the last 3 to 5 years, then... Read more »

2 Answers | Asked in Immigration Law and Domestic Violence for Arkansas on
Q: Can I petition my dad even if he's the reason my mom got her U-visa approved?

Today, I became a US citizen. My mom is currently a green card holder. 8 years ago my mom filed a police report against my dad for domestic violence. (However, there's no police report filed against my dad according to the olathe police.) Then we filed for a U-visa. Got approved, then after 3... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 10, 2022

I understand that he is your dad and even though he caused you and your mother mental trauma, you still want to sponsor him to get his green card. While your father would be an immediate relative, if you were to sponsor him now that you have here citizenship, I'm not sure what criminal charges... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Can I help my wife obtain a green card if I’m disabled on a fix income ( ssi income)?
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

Since you are a US citizen sponsoring your wife, you must file an affidavit of support, even though you do not have sufficient income. However, you will need a cosponsor, someone who has sufficient income and who was either a green card or US citizenship. This person who has to be presently... Read more »

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1 Answer | Asked in Immigration Law, Divorce and Family Law for Texas on
Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: DACA, plan on visiting Brownsville, TX. Should I be concerned about the border patrol stop on my way back to houston

I have DACA.

I live in Houston, TX and plan on visiting Brownsville, TX.

My understanding is there's a Border Patrol stop leaving Brownsville? Should I be concerned even though I'm only going to Brownsville, TX?

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

You should be able to travel throughout the United States with your DACA status. I do not know why you would need to go through an immigration checkpoint, when you are traveling domestically. In any event, have proof of your DACA status and you should be allowed to travel as planned.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I was diagnose with copd and emphysema due to black mold landlord not want to pay to fix I stop paying rent can she evi

I was diagnosed with copd and emphysema due to the black mold in my apartment the landlord didn’t want to pay to fix it. Finally she sent someone in to replace one wall and cover up the mold that’s still behind there I am bringing a personal injury suit against her or at least want to I stopped... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 13, 2022

Your apartment is likely not habitable given the mold infestation. Your landlord has an obligation to remedy that problem in the appropriate manner. Since you have stopped making payment because the landlord refuses to repair the mold. If the landlord were to move to evict you from the apartment... Read more »

2 Answers | Asked in Immigration Law for Nevada on
Q: Hello, I am applying for Green Card w/Form I-130 & I-485 & I-864. Do I need also 245(i) w/Penalty $1,000?

I was brought to the US by my parents illegally, w/o inspection or Visa in 1989 when I was 3 yrs old. I have been in this country ever since. I am now under DACA and have a Work Permit.I am applying for Green Card w/Form I-130 & I-486 & I-864 as my Spouse of 4 years is a US Citizen.

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 5, 2022

Well,, if you in fact you entered the United States without inspection as a minor along with your mother, then you would not be able to obtain your green card. Unless there's some waiver that you may be able to take advantage of. In addition, unless you have been grandfathered under 245(i),... Read more »

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3 Answers | Asked in Immigration Law for Illinois on
Q: I just became a US citizen after marriage. I would like to sponsor both my parents that also live in the US.

The only problem is that I was laid off in January 2022. I’m still looking for a job. Can I still sponsor both my parents without earning an income right now or can any friend/family help sponsor them?

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 4, 2022

You can go ahead and sponsor your parents. You will still have to file an affidavit of support even though you are unemployed and not able to support your parents at this time. You can have a family member or friend that meets the income requirement to cosponsor your parents and file an affidavit... Read more »

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I came to the US back in august of 2013 (age 15) w a B1/B2 visaand I stayed after my 6 months limit. an Eligible for DAC

Tourist visa from Brazil (allowed stay 6months max), am I able to apply for DACA?

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 4, 2022

Let us say for argument sake that you do qualify for deferred action for childhood arrivals, I do believe that there is a ban on USCIS processing initial DACA applications. The Biden Administration is attempting to reverse that ban in an ongoing appeal. Therefore, if you are filing this... Read more »

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1 Answer | Asked in Immigration Law for Virginia on
Q: Should a Canadian citizen have a criminal record (Assault 266 CC) removed if applying for US permanent resident status?

Should the record be pardoned? Should we just leave it as it and apply. The situation was a one off situation and corrective measures were taken and there have been no other situations that have come after.

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 4, 2022

We do not know the date when the crime was committed to see how remote it may be from your application now. Not sure if there was more than an arrest and what exactly the person was convicted for if in fact they were convicted. In any event, USCIS will be focusing on whether the criminal conviction... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: I lease an apt but don't live in it what rights does someone living in it 3yrs have?

I gave her 60 days notice to leave and she said she has rights and that I cant do this. I have family that wants the apt.

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 3, 2022

You would be the landlord in relation to your subtenant who is in possession of the premises. Since you indicated that she has been living there for three years, you should serve her with a 90 day notice instead of a 60 day notice. If after that time has expired, she does not move out of the... Read more »

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1 Answer | Asked in Immigration Law on
Q: Father got naturalized while child was abroad. Can minor child re-enter the US using GC?

My minor child and I (mother) are visiting India (both Indian citizens). We are the permanent residents of the US. The child entered India using the Indian passport.

Meanwhile, my spouse (father of the minor child) had to attend the naturalization interview and later the oath.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 2, 2022

The child still has a valid green card even after his father has obtained his citizenship. The child would be able to return to the United States using his green card. However, the child should not be out of the United States for more than 6 months, because that would appear to immigration as... Read more »

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