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Questions Answered by Stanley Dale Radtke
1 Answer | Asked in Immigration Law for California on
Q: 1. Can she apply for OPT EAD while her I-485 AOS is pending? 2. Will this negatively impact the 485 aos application?

Hi,

My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval. 

Due to the current administration and corona virus delays we do not know... Read more »

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

In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?

Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process,...
Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hello my name is Latrise I am looking for a pro bono lawyer for my fiance.

He was sentenced to 9 yrs for DUI with gbi .he was not offered an rehabilitation or a recovery home. if there is any pro Bono lawyer that's taking new cases

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 10, 2020

If your fiancé was convicted after trial, or after a guilty plea, then he has as a matter of right the ability to file an appeal within 60-days of the date of judgment. If he cannot afford an attorney, he will have an attorney appointed at no cost.

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1 Answer | Asked in Criminal Law for California on
Q: Law.Justia.com, Cal app.3d, Volume 144 People V. Salazar (1983) "Posted for 37 yrs". 22 yrs ago received California CR,

This is inflammatory information of reports that were not charged, used only as to show MO and admitted without any rebuttal or proper defense. Later overturned. Now, application for "Pardon is pending" at Justice Dept. 37 years with no further criminal charge what so ever. It... Read more »

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 8, 2020

Dear Raphel: The process to de-publish a case is as follows:

2020 California Rules of Court

Rule 8.1125. Requesting depublication of published opinions

(a) Request

(1) Any person may request the Supreme Court to order that an opinion certified for publication not be...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens if a defendant never received notice if court date
Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 7, 2020

If a defendant has a court date and fails to appear, the court will issue a bench warrant for that failure to appear.

1 Answer | Asked in Immigration Law for California on
Q: My wife has a 10 year green card. Can she apply for Medical without it electing her citizenship application

She was laid off and lost her medical insurance and is pregnant

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 7, 2020

See the USCIS Webpage for information regarding the Public Charge Rule:

https://www.uscis.gov/news/public-charge-fact-sheet

1 Answer | Asked in Immigration Law for California on
Q: What do you think a reasonable hourly rate is for a non-medical expert witness (a Ph.D.) in an immigration case? Thanks.
Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 7, 2020

Our office uses many expert witnesses in our legal practice. The fee would depend upon what in fact the expert is asked to do. Most of our experts work on a flat fee basis for the specific task requested.

1 Answer | Asked in Immigration Law for California on
Q: Is it possible for my father to get his green card without leaving the country?

My dad is 56 years old, has lived in the US since he was 17, he does not pay taxes, he has 6 children (only 1 under the age of 18), his wife (my mother) is a resident. He is the sole provider for the family (All other siblings live with the parents while they go to school) including my mom who has... Read more »

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 7, 2020

Not possible to answer your question without more information. There are many grounds of inadmissibility and entering the US without permission is merely one. There are criminal bars to admission and the public charge ground to admission. My suggestion would be for your father to consult with an... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: My husband only married me to get his green card i left him??
Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 3, 2020

https://www.ice.gov/identity-benefit-fraud

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3 Answers | Asked in Immigration Law for Texas on
Q: Unable to obtain certified copies of disposition due to court only keeping for 5 yrs, what are other options?

In 2009 I received an MIP, alcohol - citation only no arrest. County court only keeps records on Class C misdemeanors for 5 years. I am planning on filing for citizenship but don’t have the certified document showing what the disposition was. I however do have the copy given to me from clerk... Read more »

Stanley Dale Radtke
Stanley Dale Radtke
answered on Nov 19, 2020

Technically, the citation was an arrest. The officer cited you for an offense, released you on your own recognizance, and ordered you to appeal at a later court hearing. If you went to court and paid a fine, you have a conviction for the offense. The question then is whether the offense was an... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Is it legal for the police to search your car after being pulled over for a license plate light being out and your D.L.

is expired ( NOT suspended ). and your NOT on parole or probation.. and handed him a valid CA identification card??

Stanley Dale Radtke
Stanley Dale Radtke
answered on Nov 16, 2020

This is such a fact specific question that it cannot be answered on an online forum. You should consult with an experience criminal defense attorney.

But, for general information, here is a primer.

https://www.nolo.com/legal-encyclopedia/car-searches-following-police-stop.html

2 Answers | Asked in Criminal Law for California on
Q: A YouTube channel is claiming that there videos are real, but in fact they are fake & profiting from them how to stop it

If they are committing fraud what can i do to stop them - Have evidence, and their viewers are mostly younger

email Youtube few week & no response

Stanley Dale Radtke
Stanley Dale Radtke
answered on Nov 16, 2020

Why not try to report the fraud to Youtube first.

https://support.google.com/youtube/answer/2801973?hl=en

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2 Answers | Asked in Criminal Law for California on
Q: I was pulled over for a traffic stop I wasn't on probation or parole I told the officer I told the officer know you can,
Stanley Dale Radtke
Stanley Dale Radtke
answered on Nov 3, 2020

If you voluntarily consented to a search of your vehicle, then anything the officer found inside is admissible and cannot be excluded under the Fourth Amendment.

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1 Answer | Asked in Immigration Law for California on
Q: apply greencard for wife(lives out of usa ) first or apply citizensip for me ? i am dv greencard holder more than 5 yr.

its been more than five years , green card holder . i want to apply for my wife. so i want to figure out which one is the best to do at first either apply for her or apply citizenship for me . which one gonna be easy and fast?

Stanley Dale Radtke
Stanley Dale Radtke
answered on Oct 20, 2020

Another alternative is to fill both at the same time. Once the I-130 is approved for your spouse, then, if you naturalize and become a US citizen, your visa petition automatically become an immediate relative petition.

3 Answers | Asked in Immigration Law for North Carolina on
Q: If my current greencard expired while waiting to receive the renewed card, how could I keep my job?

To be precise, I haven't been able to file for greencard renewal at this point. I will most likely not going to get a renewed card before the expiration. I currently work full-time. What needs to be done to keep my job after I submit I-90 for greencard renewal? Thank you,

Stanley Dale Radtke
Stanley Dale Radtke
answered on Oct 20, 2020

This quote is directly from the USCIS website.

"If you need evidence of your lawful permanent resident status while waiting to receive a replacement Green Card, we may issue you an Alien Documentation, Identification & Telecommunications (ADIT) stamp after you file this form."...
Read more »

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2 Answers | Asked in Appeals / Appellate Law and Immigration Law for California on
Q: Denied I-130 and I-485 filed concurrently. Can appeal still be submitted to BIA, any other alternatives?

denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.

Stanley Dale Radtke
Stanley Dale Radtke
answered on Oct 20, 2020

You must file an I-290B within 30 days of the date of the decision letter and the reason for filing the appeal or motion to reconsider is fact specific to the reasons for the denial in the USCIS decision letter. Your chances of success without an attorney is slight and you really should consult... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: How can i get my record fixed. I only have one felony for forgery and i did 8 months state time, 13 years ago.

My daughter had dcfs take my grandkids away and im trying to get them back, but because of my background they use as an excuse.

Stanley Dale Radtke
Stanley Dale Radtke
answered on Sep 2, 2020

You should consult with a post-conviction criminal attorney who can help. Depending on your particular set of facts, you could seek a Penal Code section 17 motion to reduce your felony to a misdemeanor, if the criminal statue is a "wobbler," or you could ask for a certificate of... Read more »

2 Answers | Asked in Immigration Law for California on
Q: If Affirmative asylum seeker received a final denial of his claim/case - what options he/she has after (June) changes?

1. If Affirmative asylum seeker received a final denial of his claim/case from asylum officer after the interview, will Affirmative asylum case automatically be “referred” to the Immigration Court?

2. Can asylum seeker with denied case still appeal to an independent body in Falls... Read more »

Stanley Dale Radtke
Stanley Dale Radtke
answered on Jul 29, 2020

Yes, yes, yes to all three questions.

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3 Answers | Asked in Criminal Law for California on
Q: How do you proceed when someone attacks you online ? Even wishing you death? can you sue them?

This is on twitter

Stanley Dale Radtke
Stanley Dale Radtke
answered on Jul 21, 2020

When you say someone is "wishing you death" that is not necessarily a crime or a tort. The mere wishing someone was dead is not the same as making a direct threat to end someone's life. Your question was answered previously in that if you wanted to sue the person civilly for damages,... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: Hello, I am a naturalized US citizen and I petitioned for my siblings' to obtain residency almost 15 years ago.

They have finally received notification to schedule their interviews at the US embassy. I understand there is an amount to pay per person. They all have children. During these past 15 years one of the children, my nephew, is now 22 years old. Can my nephew still be included in this process or is it... Read more »

Stanley Dale Radtke
Stanley Dale Radtke
answered on Jul 21, 2020

Your nephew might still be eligible under CSPS. Take a look.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

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