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Martin Law
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4 Tips for Discussing Divorce With Your Children http://bit.ly/2y5Hjl5
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Going Through a Divorce? Avoid These 5 Things http://bit.ly/2uUbN77
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Why Should You Hire a Criminal Defense Attorney? http://bit.ly/2fFeDdN
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FAQs About Immigration Law http://bit.ly/2vGR4qC
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3 Reasons to Revisit Your Will: Advice From a Minneapolis Family Law Attorney http://bit.ly/2eOT8qu
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I have a Deportation Order, Can I still file an Application with USCIS?

Generally, no. If an Immigration Judge has issued a final removal or deportation order, USCIS does not have jurisdiction to accept any applications.

This is a common mistake that people make; filing an application with USCIS after they marry a U.S. citizen, thinking this will fix their immigration status, even though they have a deportation order. It won't.

Since the last action in your case was with the Immigration Court, the judge must first agree to reopen your proceedings to allow for new filings. But be warned that, if you already have a deportation order, ICE may pursue reinstatement of that order and simply take you in to custody, not allowing you to go before a judge.

The bottom line is that if you have a deportation order, you should seek legal counsel to discuss your options before filing anything.
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Citizenship through Naturalization – When can I Apply?

Continuous Residence Requirement

While many people are aware that you typically must have your lawful permanent residence (LPR) – green card for five years before applying for citizenship (three years if you received your green card through marriage), many people are unaware of the continuous residence requirement.

This part of the law says that an applicant for naturalization must have resided continuously in the United States after his or her LPR admission for at least five years prior to filing the naturalization application and up to the time of naturalization. An applicant must also establish that he or she has resided in the State or Service District having jurisdiction over the application for three months prior to filing.

We often see this issue arise when a LPR has remained outside of the U.S. continuously for a year or more. Even if Customs and Border Protection at the airport lets you back into the country, this does not mean that the issue of continuous residence for citizenship purposes has been resolved. The issue of whether you can return to the U.S. and whether you are eligible for citizenship are two different things.

If in doubt, contact an Immigration attorney for an opinion about your situation.

www.martin-law.com
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Can I Travel Abroad While My Green Card Application is Pending?

Generally yes, BUT, you must usually apply for a travel document called Advance Parole. If you do not get advance parole before leaving the U.S., not only could immigration at the airport deny you return entry, you would also abandon your pending application. And USCIS would not refund the filing fees you paid.

It is always advisable to talk with your attorney before departing the U.S. under these circumstances to make sure that there aren't any other inadmissibility issues of which you may not be aware.
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Deportation Order, but No Deportation http://bit.ly/2rJ6irm
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Immigration Appeals http://bit.ly/2qcNEG1
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