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Questions Answered by Stanley Dale Radtke
1 Answer | Asked in Immigration Law for California on
Q: son 16, born in the US from perm.resident father and inmigrant mother (domestic violence 2015) how to get his green card

starting college application and is requested green card,

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 9, 2022

If someone is born in the United States, then by birthright, they are US citizens, regardless of the immigration status of the parents. Just obtain a copy of the birth certificate showing they were born in the US. That establishes US citizenship.

1 Answer | Asked in Social Security for California on
Q: my wife was been a homemaker and caregiver ,can she get s. s thru me if i'm still working with insurance

i'm 62 and my wife is 65

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 9, 2022

The Social Security Website has some basic information about your question. Kindly take a look.

https://www.ssa.gov/benefits/retirement/planner/applying7.html

"Even if they have never worked under Social Security, your spouse may be eligible for benefits if they are at least 62...
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1 Answer | Asked in Immigration Law for California on
Q: What is the time frame to bring an alien relative over to the US? California more specifically.

I applied for an I-130 (petition for alien relative) for my wife back in late August - early September and so far have not heard anything back except that the application was received and accepted. I wanted to know what the process length would typically be like here in Southern California and what... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Feb 18, 2022

You can always check with the USCIS website that notes the case processing wait times.

As of today, here is the I-130 wait times:

Estimated time range Form type Receipt date for a case inquiry

22.5 Months...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Is it OK to start working before receiving work authorization?

My husband and I married on January and we filled for a green card and adjustment of status as well as the work and travel authorization.

It looks like I have an opportunity to start working in an property management firm and they would be willing to hire me. I have a social security... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Feb 18, 2022

From the USCIS webpage:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

"An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

The applicant is now employed or has ever been employed in the United States without authorization;"

1 Answer | Asked in Immigration Law for California on
Q: My husband has a criminal record here in United Stateshe got deported to Mexico would he be able to immigrate to Canada
Stanley Dale Radtke
Stanley Dale Radtke
answered on Feb 18, 2022

Any answer to your question would require more information. Specifically, what was your husband convicted of? If he was convicted of a serious offense, or a drug conviction that rendered him deportable from the US, then, such a conviction would most likely render him inadmissible to any other... View More

1 Answer | Asked in Immigration Law for California on
Q: But I am currently on a 3 year probation from my criminal conviction. Should I wait to get a formal deportation order?
Stanley Dale Radtke
Stanley Dale Radtke
answered on Jun 15, 2021

It depends on what you want to do. If you merely want to return to your home country, then there is no reason to wait for an order of deportation. If you do not want to return to your country of origin, then you will have the opportunity to contest any final order of removal before an immigration... View More

3 Answers | Asked in Criminal Law for California on
Q: Will I go to jail after my arraignment
Stanley Dale Radtke
Stanley Dale Radtke
answered on Jun 15, 2021

It depends upon the charges you are facing, whether you have any outstanding bench warrants, or whether you are in violation of an order of probation.

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2 Answers | Asked in Immigration Law for California on
Q: Awaiting marriage-based i751+citizenship approvals. Lost job yesterday. Should I avoid asking for EDD/Foodstamps/else?

I rather not take any risk, and I also don't want my wife liable (even though we file taxes seperately).

I tried reading here: https://www.uscis.gov/archive/public-charge-fact-sheet and also here... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Jun 8, 2021

Yes, if you accept public assistance as an immigrant, you may be held inadmissible at the time you seek to adjust status.

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1 Answer | Asked in Immigration Law for California on
Q: Can i file for a case against someone who verbally said that she sent documents to immigration but it was not her money?

To prove that she can support her studies here and that she still keeps it and will pay them back as soon as she gets her green card. Thats why she was looking for someone to get married to for paper purposes only

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 28, 2021

You cannot "file a case against someone" because it is only the federal government that can initiate an action against someone for immigration fraud. This of a criminal offense, you can report a crime, but only the district attorney can actually file a criminal complaint against someone.

1 Answer | Asked in Immigration Law for Texas on
Q: what is An applicant caused delay in asylum and how can i correct it

Hi I applied for work authorization and included my ASAP membership card and my request was rejected with reasons being

- there was a delay in my asylum proceedings. How do i rectify this delay. Do i need to write court or what. I am confused

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 28, 2021

This is an often confusing area for everyone, including attorneys and court staff. Essentially, the EAD clock begins to run once your asylum application is properly filed either with the immigration court or the asylum office if filed affirmatively. The EAD clock stops counting if the applicant or... View More

1 Answer | Asked in Immigration Law for California on
Q: selective service verification for citizenship

hi, how are you? when i came to usa, i didn't know i have apply for selective service, and i have send my document to get citizenship but looks like need verification document from selective service!

what is my situation?what i need to do?

i was born at 1991

thanks

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 27, 2021

Failing to register for potential military service can ruin your showing of good moral character for naturalization purposes.

If you are a man who lived in the U.S. or got your green card at any time between the ages of 18 and 26, you were expected to register with the U.S. Selective...
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2 Answers | Asked in Criminal Law and Elder Law for California on
Q: I need a lawyer but I’m not even sure of what kind

the situation is and I’ve been charged with financial Elder abuse I have also been charged with GTA for driving my grandpa’s truck is it always have as well as a restraining order against me the underlying issue however is I have a cousin who is threatened by myself and my children were in we... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 18, 2021

A good criminal defense lawyer. If you cannot afford one, a public defender will be appointed to represent you in the criminal court.

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1 Answer | Asked in Criminal Law for California on
Q: Q: Have you or the other attorneys in your firm ever fought a case against law enforcement?
Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 10, 2021

It depends upon what you mean by "fighting a case." In every criminal action, law enforcement has engaged in activities that ultimately resulted in the arrest of a defendant. The defendant then offers a defense to the charges in criminal court.

If on the other hand, you are...
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4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Feb 24, 2021

Your public defender has a supervisor. Contact the office and ask for the supervisor and explain what happened to you. Most PD offices have a good working relations with the court and perhaps your issue can be solved.

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2 Answers | Asked in Criminal Law for California on
Q: Missed court date due to covid exposure how can I get warrant recalled without coming into

The public defender tells me to come in but I can't I'm stay put order due to covid exposure how can I get the warrant recalled and new date set up

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 31, 2020

You have an attorney, the public defender. You should listen to your legal counsel.

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1 Answer | Asked in Criminal Law for California on
Q: Does the 3 strikes law still apply today

My boyfriend got a ride to sacramento from a friends girlfriend that he had never met before to go to his physical therapy appt. On the way back they got pulled over and the dog found 10 oz of meth and some heroin in a spot in the girls engine compartment. My boy friend was nothing but cooperative... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 30, 2020

I would assume that your boyfriend was represented in the criminal court by an attorney. He would have consulted with his attorney before accepting any plea, or negotiated disposition. I would suggest that your boyfriend discuss this with his lawyer and if there is a good faith reason to withdraw... View More

2 Answers | Asked in Criminal Law for California on
Q: What does. Case number 9999999 mean

In criminal law

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 30, 2020

No idea. Case numbers only make sense in relation to a specific court. For instance, Los Angeles County Superior Court, case number XXXXXXX.

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: Got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 30, 2020

If you have successfully removed your conditional residency and obtained your "10-year" green card, then any subsequent divorce will not effect your immigration status.

Now, your husband can say anything he likes to immigration to try in order to try and harm your status, but if...
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1 Answer | Asked in Uncategorized for California on
Q: I'm college student. I planning to become a lawyer, do I must to go to law school and how do I get experience ?

I'm originally from Ukraine and been living in California for past 3 years. I'm enrolled in college right now and planning to transfer but I'm still not sure is this is what I can do for the rest of my life (being a lawyer) and my fear is to take a loan for university and for the law... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 30, 2020

I would suggest working for a lawyer, or law office, as an assistant first, to get exposure and some experience in the legal profession to see first hand if the work is something you would enjoy doing. If you cannot obtain a paid position, then you could always ask to work as an unpaid intern to... View More

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