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I am a lawful permanent resident (LPR) but I was arrested for a misdemeanor.   Can I fly to my Country? Is there any risk when I return?

Persons who have been convicted or charged with crimes after gaining resident status should be extremely careful in traveling.  Certain crimes can render you inadmissible to the United States, and the government may be able to charge you with being subject to removal when you seek to return. This is the case even if they could not have sought to remove you if you had not traveled, or even if your conviction is extremely old.  You could also be detained at the port of entry and held without the right to seek bond. It is extremely important that you have...

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I have been a Legal Permanent Resident for almost 15 years, but I was arrested 10 years ago. Can I apply for my Citizenship?

Answer:  If your arrest happened more than 10 years ago, you likely do qualify for citizenship. Applying for citizenship generally requires that you prove that you are a lawful permanent resident, that you have been a person of good moral character for the past 5 years, (3 years if you’re married to U.S. a Citizen, 1 year if you are in the military), and that you have been physically present for half of the required time of permanent residence.    However, you must be careful to ensure that your criminal arrest would not render you subject to removal from the United...

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When I file a petition, will I be able to have a driver’s license?

Answer:  Filing a petition alone will not allow you to gain a Florida driver’s license at this time. Florida has sought to comply with the federal requirements of the Real ID Act, which requires proof of immigration status for state agencies to issue driver’s licenses. Florida maintains a list of acceptable immigration documents that is updated regularly to allow its license examiners to determine which applicants have the required immigration status. As of March 2018, a petition is not on that list....

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I was arrested, but I married a USC. Can I get a green card?

Answer:  Even if you have been arrested, you may still qualify for resident status (green card) after you marry a U.S. Citizen in good faith. While certain arrest can render you ineligible for resident status, not all crimes have this effect and you may be able to seek a waiver for certain crimes that would otherwise make you inadmissible to the United States....

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If I applied for asylum, can I visit my family from my home country?

Answer:  Traveling to the country from which you gained asylum will likely raise serious questions regarding the credibility of your asylum claim. It is generally not advisable to travel to the country from which you sought asylum, as it may suggest that the country could offer you adequate protection or that your application for asylum was without merit....

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I have the conditional green card for two years but I am having trouble with my wife/husband. If I get divorced, how can I still keep the green card?

You may be able to retain your resident status (Greencard) if you entered the marriage in good faith and were not at fault in failing to file a joint petition to remove the conditions on your residence. You and your spouse are required to file a joint petition to remove the 2 year condition on your residence card 90 days before the two year anniversary of receiving your residence. There are generally three exemptions to this requirement as follows: Where you entered the marriage in good faith, but the marriage has been terminated, and you were not at fault in...

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I got married to a US Citizen. How long does the green card process take?

Over the past year, we have seen a significant delay in most immigration processes, including those based on marriage to a US citizen. Realistically, current government processing times, from filing to receipt of the permanent resident card, average 7-12 months. You must enter into a good faith marriage and be prepared for delays, given the recent emphasis on “extreme vetting” of immigrants...

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Can I drive an Uber on by B1/B2 visitor visa?

Answer:   A person visiting the United States under B1/B2 status is generally not permitted to work in the United States. In most instances, driving an Uber would be considered a violation of the person’s B1/B2 visa status.  If such work is discovered, it would likely result in the person being denied entry to the United States and/or having their visa revoked.  In the worst case scenario, the person could be charged with being subject to removal in Immigration Court....

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Can I send an invitation letter to my uncle to visit me in the U.S.?

Answer:  A person seeking to visit the United States must generally obtain a visa from a U.S. consulate abroad.  At the consulate, they will be required to overcome a presumption that they intend to immigrate or remain in the United States beyond the time of their intended visit or work illegally. An invitation letter is only one factor that may be considered in evaluating a person’s true intent when they seek to visit the United States. The foreign consul will generally scrutinize the person’s ties to their home country closely, and whether they have the economic means to full fill...

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I have been in the United States for 10 years. Do I qualify for a greencard?

Answer:  You do not qualify for residency simply because you have been in the United States for 10 years. However, you may be eligible for Cancellation of Removal and Adjustment of Status (“Cancellation”) if you are faced with deportation charges in Immigration Court. Cancellation applicants must generally show the following: Physical presence in the United States for a minimum of ten years; No convictions for specified crimes; Good moral character, as defined in immigration law; A qualifying relative, which must be a spouse, parent, or child, who is U.S. Citizen or lawful permanent resident; AND That their deportation would result...

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I received a work permit. Does that mean I have the right to stay in the United States and that I am legal?

Work permits are not considered evidence of your legal status in the United States and they merely establish that you are eligible to accept employment in the United States. However, there are codes on work permits that provide the legal basis under which work permits are issued, which are generally closely tied to your legal status in the United States. For example, a C10 code suggests that the person has a cancellation of removal case pending with the U.S. immigration Courts. A C9 code suggests the person has an application for permanent residence pending, and a C8 code suggest the...

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I’m Venezuelan. Do I qualify for asylum?

Answer: Not all Venezuelans qualify for asylum. To qualify for asylum you must establish that you cannot return to your native country due to past (or future) persecution specifically because of a protected reason, which includes your political opinion, race, religion, nationality, or membership in a particular social group (for example homosexuals). You must also establish the government authorities in your country are the persecutors, or that they are unable or unwilling to control your persecutors. As a result, general crimes, including kidnapping and theft—when not connected to a protected reason—would not qualify for asylum. It is also important to note...

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