Frequently asked questions
IMMIGRATION
My relative/boyfriend/fiancée is in Northwest Detention Center – what should we do?
The Washington Law Team gets this question often and we help many clients with this issue. The first task for the atorney is to obtain his client’s release from detention at the earliest possible time and at the least expense possible. In most cases, a court hearing must be requested at the earliest possible time. When your loved one has been detained at the Northwest Detention Center, they will be unable to contact you until they are processed. Don’t panic, you will be able to speak to them again as long as you follow the appropriate procedures. It has been our experience that the best way to start the process of getting your loved one released is to contact an EXPERIENCED immigration attorney immediately and let them help you through the complicated process. Usually a legal immigration professional will need to be engaged at some point of your loved one’s incarceration, so it is best to engage the immigration attorney early.
My relative/boyfriend/fiancée is in jail with an immigration hold. What do we do?
An immigration is a process in which a document that is filled by I.C.E (Immigration and Customs Enforcement) that informs the immigration law enforcement agency (King County Police, Snohomish County Police, Everett Police, Marysville Police, etc) to hold the person after they have completed their criminal sentence or detention and then release that person to I.C.E. Once that happens, the I.C.E agency usually conducts an investigation to determine if that individual is subject to being removed from the US. Give Diego and his Washington Law Team a call for immigration hold assistance at 425-258-6282.
How do I get my relative/friend here to visit?
More information coming soon.
How do I get my fiancée/spouse/child here permanently?
More information coming soon.
Should we marry in their country or in the US?
More information coming soon.
How do I get work authorization?
More information coming soon.
How do I become a citizen?
More information coming soon.
I have a criminal record, am I eligible to legalize?
More information coming soon.
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Answers
Q: Filing for my parents greencard (i-130 & i-485 together): I am a U.S. Citizen and I have filed for my parents greencard (i-130 & i-485 together) on Oct 27, 2019 (just a couple of days back).
A quick background on my parents - they are in the U.S. on visitor's visa. Their current I-94 is valid till Nov 18, 2019.
My question is:
1. If i do not receive any communication from USCIS (whether it is in form of a I-797C notice of action or something else) before Nov 18, what should i do? Should my parents leave the country since their I-94 is valid till Nov 18?
OR
Can they continue staying in the U.S. since i have filed for the Greencard for them and the petition is pending with the USCIS?
2. Is the deduction of application fees from my bank account good enough for them to extend their stay without being illegal?
Please advice,
Thanks,
Asked 20 days ago in Immigration
A: Diego’s answer: Your parents have started their Adjustment of Status (AOS) application process in order to obtain their Lawful Permanent Residence in the US. They could have opted to apply for immigrant visas from their country of origin. But since they have filed their AOS application, it is best if they remain in the US until their application is adjudicated and (hopefully) approved. They will be out of status after Nov. 28, 2019, the expiration date of their authorized period of stay. They could have filed an I-131 application for Travel Permit as part of the AOS packet, same as applications for Employment Authorization Document (EAD). They cost no extra fees. So, without a Travel Permit, they should remain in the US and should not depart under any circumstances after accruing six months of unlawful presence (starting on May 28, 2020). If they depart for any reason, or else they will be subject to the three year bar.
You really should have consulted with an experienced immigration attorney. You may still want to do this to make sure your parents are on the right track.
Best wishes.
Diego Gavilanes
Answered 20 days ago.
Q: What are the limits on personal injury lawsuits?: My son's vehicle was hit in November of 2016. Police determined the other party was at fault. His attorney filed the paperwork early this year and "is working" to get a settlement. Is there a time limitation on getting responses or settlement from the other party or the other party's insurance company?
Asked about 2 years ago in Personal Injury
A: Diego’s answer: I assume your son is an adult since he was driving a vehicle one year ago when he was involved in the motor vehicle accident. As a concerned parent you should advise your son to consult fully with his own attorney concerning all aspects of his injury claim. It is his claim after all. Nothing that you can say to your son can be better than the expert legal advice of his lawyer. Indeed, you should encourage him to have confidence in him rather than to be providing legal advice of your own obtained in this site. This would be very counterproductive and unhelpful. Best wishes to your son on his injury claim.
Answered about 2 years ago.
Q: Can a wrong middle name affect my 130 and 129f application?: Married with a child, i am citizen, already have a US passport and CBRA for child.while filing for my spouse, I made a mistake in her middle name using her maiden middle name (She changed both middle and last names to my first and last name after marriage) , supporting documents like international passport and child's CBRA were submitted too and they bear her names correctly. Would this mistake affect my application? If it will, how do I correct it? Case still in the USCIS not approved for NVC yet
Asked about 2 years ago in Immigration
A: Diego’s answer: The civil documents you filed, i.e. birth certificates, marriage certificates, will independently show the correct names and the NVC may correct the error(s) on their own. But it would be best if you brought the errors to the attention of the NVC in writing or by phone ASAP. These are the types of mistakes that can result in delays or other problems. You really should consult with experienced immigration counsel. Good luck.
Answered about 2 years ago.
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