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Questions Answered by Juan V. Cervantes
1 Answer | Asked in Immigration Law for New Mexico on
Q: Abandoned teenager, came on a tourist visa. Dad never came back for her. Mom was killed. What option do I have

She has been going to High school the past 5 months. She is 17 want to help her be able to stay in the USA. Her mother was found dead hacked to pieces last year, that's why her Father brought her to be with us, since she was my daughter's friend. He said he would return in a couple of weeks for her... Read more »

Juan V. Cervantes
Juan V. Cervantes answered on Apr 8, 2018

This sounds like a very sad situation. It sounds like she may eligible for SIJS. Please seek legal assistance immediately as SIJS is a cumbersome process with multiple steps.

1 Answer | Asked in Immigration Law, Criminal Law and Civil Litigation on
Q: Can i get married and stop deportation

My gurl had permission but she fidnt go back to renew status we wany to do things the right is there way ti start correctin mistake

Juan V. Cervantes
Juan V. Cervantes answered on Mar 12, 2018

There are ways to stop removal proceedings. However, if you are serious about your girlfriend or spouse, you should seek legal assistance to ensure she is not ordered removed.

My email: juan@cervanteslawyer.com

Good luck

1 Answer | Asked in Immigration Law for Virginia on
Q: MyHusband faces deportation need assistance to stop the proceedings.

Need legal assistance

Juan V. Cervantes
Juan V. Cervantes answered on Mar 11, 2018

Give us a call or email: juan@cervanteslawyer.com or (540) 684-6621

1 Answer | Asked in Immigration Law for Texas on
Q: I am a US citizen, what can I do for the mother of my kids whos not legal?

She was a victimof an assault last year at a grocery store. Would marrying her help any? We have 3 kids together, who are all US citizens.

Juan V. Cervantes
Juan V. Cervantes answered on Aug 20, 2017

It depends on how/ when she entered into the US, if she has any previous applications, and some other issues. To set up an over the phone consultation, call my office ((540) 684-6621 between 9 and Monday -Friday.

Also, depending on the severity of the assault, she may qualify for a U-visa.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hi. I would like to know how are the laws about marrying an undocumented immigrant in Pennsylvania.

If the undocumented immigrant marries a US Citizen, is there a chance to still get deported after being married and successfully passing the interview and receiving a green card? Can the person still be deported, or after marrige the laws are protecting that person and there is no way to get... Read more »

Juan V. Cervantes
Juan V. Cervantes answered on Jul 31, 2017

If I am not mistaken, you are asking is if a person marries a USC, successfully passes the interview, and obtains a green card, can they still be deported?

The answer is yes. While that person is not a USC, they are still deportable. Although they are deportable for any number of...
Read more »

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Could wife refile for DACA or how can she be permitted to work since she’s married to a US citizen

Currently married to US Citizen. Parents are illegal came here without inspection as she was also brought to US without inspection at age of two months. Obtained her DACA in 2012 she was 17 now she is 19 and I let it expire due to me filing for her i130 as I know it doesn’t obtain legal status,... Read more »

Juan V. Cervantes
Juan V. Cervantes answered on Jul 31, 2017

Because you failed to file for a 1 step adjustment when she was 19, your wife has now accumulated unlawful presence.

I would suggest you contact an immigration attorney at your earliest opportunity. My office number is (540) 684-6621.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Should I refile for my wife’s DACA I let it expire since we got married and I filed for her i130

She entered the US at two months of age. Her DACA was due to expire but we were already married before it’s expiration and I filed for her I130 and chose not to renew her DACA since I thought she’d be protected when I filed for the i130 and she’s the spouse of a US citizen but now I don’t... Read more »

Juan V. Cervantes
Juan V. Cervantes answered on Jul 31, 2017

There are a lot of questions that need to be answered before an attorney can give you adequate advice.

For example:

1. How old is your spouse? Depending on her current age and the age she was when she obtained DACA, she may not have amassed any unlawful presence.

2. How...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: I've been a permanent recident now since 1992, I'm now concedering on getting citizenship here in the U.S, I'm also

Planning to get married to a woman who was born in Mexico but has been living here in the states for 27 yrs with 2 children who were born and raised here in the U.S. We want to get married in Mexico but I also want her to become a U.S. citizen. She has suffered from domestic violence from her... Read more »

Juan V. Cervantes
Juan V. Cervantes answered on Jul 26, 2017

More details need to be know about your case before you can receive adequate advice moving forward. For example: (1) what is her current status? (2) How did she enter the country? (3) Has she had someone previously petition for her or did she self petition under claws?

You really need to...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: How does ICE target illegal immigrants that do not have records? How do they find them?
Juan V. Cervantes
Juan V. Cervantes answered on Jul 26, 2017

First, you would need to define "record." I sit across a conference table every week where people tell me "my record is clean." Invariably, they were found guilty of every kind of offense. To some, having a clean record means every criminal issue has been resolved. To other, having a clean record... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Is it going to affect my citizenship application next year if my dad wants to cancel his own green card?

Hi I am a 25yr old green card holder. My dad and I got our green cards while I was in six grades ( 2003) and our auntie is the sponsor. Now my dad is 70 years old, is considering giving up his green card but worry if it would affect my citizenship application next year. I do live and work in the... Read more »

Juan V. Cervantes
Juan V. Cervantes answered on Jul 25, 2017

No it will not. Your application for citizenship is independent from your father.

Although the N-400 will have questions relating to your father, his abandonment of his LPR status should not prohibit your application for naturalization.

Most applications run into issues because of...
Read more »

1 Answer | Asked in Immigration Law for Arizona on
Q: I'm a Australian citizen I'm living in the USA as a illegal can you help me get my paperpaperwork fixed.

I was born in el Salvador but i was raised in Sydney Australia, I'm a Australian citizen. I came to the USA in 2001 November 4th.and ever since I worked illegally and don't have ID or pay taxes. I need help to get my life in check I never got in trouble or nothing like that. Just want to work and... Read more »

Juan V. Cervantes
Juan V. Cervantes answered on Jul 25, 2017

Give me a call tomorrow between 9:00am -2:00pm EST, email me at the connected email address (juan@cervanteslawyer.com), or text at (540) 699-0252.

2 Answers | Asked in Immigration Law for District of Columbia on
Q: how do I become a US citizen after being declined for a green card or permanent resident status?
Juan V. Cervantes
Juan V. Cervantes answered on Jul 25, 2017

You question is too vague. More information is necessary to answer your question.

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1 Answer | Asked in Immigration Law for Texas on
Q: I have two sons American citizens 19 and 20. I came to USA in 1990. No criminal record. Is there a way fix my status
Juan V. Cervantes
Juan V. Cervantes answered on Jul 21, 2017

If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. You are an immediate relative because you will soon be the parent of a U.S. citizen (if the U.S. citizen... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: How much does it cost to file concurrently I-130 , I-131, I-485, and I-765?
Juan V. Cervantes
Juan V. Cervantes answered on Jul 20, 2017

Below is a link to USCIS's fee schedule.

https://www.uscis.gov/g-1055

1 Answer | Asked in Immigration Law for Georgia on
Q: Can I still help my parents be U.S. citizens if I'm married by court in Georgia?
Juan V. Cervantes
Juan V. Cervantes answered on Jul 17, 2017

There is insufficient details to answer this question. Why don't you give me a call and I'll be able to better answer your question. (540) 684-6620

2 Answers | Asked in Immigration Law and International Law for Michigan on
Q: I have an Italian friend online who wants to meet. Will she have trouble getting into the US to stay with me?

We have never met in person before. She is a college student. She would be staying at my house with my family. The stay will be about 60 days then she will return to Italy to get back to her college studies.

Juan V. Cervantes
Juan V. Cervantes answered on Jul 8, 2017

So long as she can prove she intends to maintain her foreign residence, it should not be a problem.

If you want to ensure that she arrives in the US without a hitch, contact an immigration attorney so they can guide you and her through the process.

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1 Answer | Asked in Immigration Law for California on
Q: Has Trump take off the law of child who are more than 21 and a citizen to fix his parents papers?
Juan V. Cervantes
Juan V. Cervantes answered on Jul 8, 2017

Not yet.

However, if your parents are living in the US and undocumented, you need to speak with an immigration attorney because you may have a separate (non-Trump related) unlawful presence issue. Our firm provides phone or video consultations to people throughout the US.

1 Answer | Asked in Divorce and Immigration Law for Illinois on
Q: I am a US citizen and plans to marry someone in US who's on a visa (work/student) . How to ensure my spouse won't fraud?

How long it will take my spouse to get green card? Then, If he does divorces me, how can I prove that he was fraud and revoke his green card? How can I keep my safe side while marrying someone on visa?

I am worried and confused.

Thank you.

Juan V. Cervantes
Juan V. Cervantes answered on Jul 8, 2017

The conditional visa process is intended to prevent the fraud you are concerned about. Your spouse will receive a conditional green card. You will have to take off the conditions at a later date.

However, if you are worried and/or confused, please contact an immigrant attorney. An...
Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: My wife came here on a j1 can she leave her program and move states when we get the Green Card Reciept in 10-14 days?
Juan V. Cervantes
Juan V. Cervantes answered on Jul 8, 2017

Your question is not sufficiently detailed. Because she's on a J-1, she may be subject to the foreign residency requirement. If this is the case, she will need a waiver.

The procedures for an immigrant petition and a J-1 waiver are complicated. I recommend that you seek the advice of an...
Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: As a green card holder, can I file for my parent's green card? What process should I follow?
Juan V. Cervantes
Juan V. Cervantes answered on Jul 8, 2017

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

So, if you are over...
Read more »

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