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Sunday, April 27, 2014

DUI from other states -- what effect on my license?

Sean Hanover was asked a question regarding out-of-state DUI charges. His answer my be useful to others with similar questions.


I have DL from DC but got a DUI recently in CA. Will the DUI affect my driving record or will my license be revoked because of the DUI in CA. How/where do I find out if there is no warrant on me and the vehicle?

Wednesday, April 23, 2014

Divorce and Sponsoring Another Immigrant Spouse

Divorce and remarriage under USCIS -- sponsoring another spouse:

In family processing, with a USC spouse, as long as the immigrant arrived on a valid visa (and can prove this -- inability to prove this is a mess and the subject of much consternation, gnashing of teeth and occasionally litigation), her overstay will not impact filing during the I-130/I-485 process. She is at risk, of course, of getting tossed out on her "behind" PRIOR to the filing of the I-130. However, once the I-130 is floated in the system, she is fine (from a deportation standpoint). Be sure to file the I-130, I-765, and I-131 along with the I-485. That's a work permit (I-765) and advanced parole granting the right to leave the country (and return!) during the pendency of the adjustment process (I-131).

Wednesday, April 16, 2014

But the child's not mine! What do I do?

We answered a question about a shocking "child is not mine" revelation in a recent forum about custody and family law. It is repeated here:
I have been married for 5 years to my wife. During that time (on 06 Jan 2012) we had a daughter. I just took a dna test and found out she is not mine. What can I do? How can I end this marriage?

Monday, April 14, 2014

Stopped by CBP - Deferred Inspection

Deferred Inspection with CBP

In this instance, there are a couple of considerations. You should expect to be placed in removal proceedings. It does not sound like you will be charged with an aggravated felony. First, this does not appear to be a crime of violence, and secondly, as you described it, it sounds like you received straight probation. As such, under sec. 1101(a)(48)(b), this probably wouldn't be an aggravated felony anyway (called "agg-fel" in our parlance).

Now, if this is NOT an aggravated felony, you might qualify for various types of relief when put into removal proceedings.

Saturday, April 12, 2014

What should I do before my Sentencing Hearing?

So I am going to be sentenced...what should I do?

Often, after a plea, defense (and prosecution) will "reserve allocution" at sentencing. That means that each reserves the right to argue about what sentence you get. The basis for sentencing is the "guideline" -- and there are two types, state sentencing guidelines and federal sentencing guidelines. Generally, you can find these online.

What can you do?

Saturday, April 5, 2014

Ukraine and Asylum - what if you are already here?

Ah -- the Ukrainian pains of asylum.

A couple of pointers about applying for asylum when you are already in the US. First, affirmative asylum (that's the kind you apply for when you aren't in the hot seat, i.e. in front of the immigration court!) must be done in the first year you are in the country. Sadly, the government does not want nor approve opportunistic "squatting" in the US -- hanging out here in the States until something bad happens at home, and then...poof! Asylum time! So, as for affirmative asylum, you have a great shot if you're in the first year of your presence a la United States. Otherwise...nada. See 8 U.S. Code § 1158 for information on asylum and the process of applying.

Friday, April 4, 2014

I-864 and Form Questions

What is annual income?

While chatting on Avvo, a question was asked about how to complete the I-864 income questions (Part 6).

Our Response

Ah -- the question of the I-864. Look on the bright side -- you are not trying to get multiple sponsors! Or self sponsoring...or any other more complicated fumbles that cause heartache on this form.