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Questions Answered by Stanley Dale Radtke
1 Answer | Asked in Immigration Law for New York on
Q: I have DACA and getting married soon he's a citizen. What are my chances in getting a Visa/ residence through marriage?
Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 18, 2017

The issue in your situation is how you entered the US. If you entered without inspection (EWI) than you are ineligible to adjust your status in the US.

1 Answer | Asked in Immigration Law for California on
Q: Are there any Civil Surgeons that go to Adelanto detention Center for I-693?????
Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 18, 2017

Not that I am aware.

1 Answer | Asked in Criminal Law for California on
Q: I got caught shoplifting at a store and they made me sign an agreement not to shop there any more.

I'm worried though that they can still file criminal charges against me -- can they?

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 30, 2016

The short answer is yes. But it would not be the store that files charges, it would be the District Attorney's Office in your local county that files the criminal complaint in the superior court after reviewing the police report.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is there any way to appeal an immigration order of deportation?
Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 30, 2016

It depends upon the form of the deportation order. If you had a hearing in front of an immigration judge and the court made a decision on any applications for relief you filed with the court, then yes, you have 30-days to file a notice of appeal to the BIA, or Board of Immigration Appeals.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My I-130 approved. Priority date current. Married to LPR. I'm living in the US. What's my next step? Can I adjust status

My B1 /B2 visa is expired. Been married for over 2 years.

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 12, 2016

No.

1 Answer | Asked in Criminal Law for California on
Q: What is the difference between bail and bond?
Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 12, 2016

The two terms are often used interchangeably. However, bail the is dollar amount, set by the court or the county sheriff, that must be posted in order for the accused to be released from custody. Bond is the actual dollar amount deposited by either the accused's family or the bail bonds man with... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: My brother undocumented is been held by immigration for DUI in the state of virginia. My father and I are US citizen

My father and I are US citizens, is there something we can do to prevent deportation

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 8, 2016

If you are a US citizen, then the US government cannot deport you. Is there someone else you are thinking about?

1 Answer | Asked in Criminal Law for California on
Q: If I legally purchase pot in Washington state, can I bring it to my summer house in Idaho?
Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 6, 2016

No. You would in violation of Idaho state law.

2 Answers | Asked in Immigration Law and Tax Law for California on
Q: Haven't filed taxes in 7 years. Will that hurt my chances of getting a U-Visa? Should I take care of my tax issues 1st?

I was a victim of crime that's why I qualified for a U-Visa but I haven't filed taxes in 7 years so I'm wondering if I can get denied the U-Visa because I haven't filed my taxes. So my question is should I get my taxes taken care of first or my green card?

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 1, 2016

Take care of your taxes first.

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1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for California on
Q: What do I need to put on my Appellants Opening Brief in order to present my case?

Ford is taking me to court over a Ford I had around 2008. I ask for a rewrite and and saw it said initial for gap cancellation. I stated I do not want it if they are going to cancel my gap over 40.00. The rep said they may not approve it but submit it anyway. Did not recieve a notice that it was... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 1, 2016

I am assuming you case in before the California Court of Appeal. If so, your brief must comport with the California Rules of Court, Title Eight. Specifically you need to comply with rule 8.40, 8.204, 8.212, etc.

As far as the contents of your brief, you should review a law school arcticle...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: After how many year of being a green card horlder, can I become a citizen in USA.
Stanley Dale Radtke
Stanley Dale Radtke answered on May 5, 2011

This depends on how you obtained your Legal Permanent Residency status. If you are an LPR by virtue of marriage to a USC, and you are still married to the same spouse, then you can apply for naturalization after 3 years. Otherwise, you must wait 5 years and you must have good moral character,... Read more »

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