Section 204(c) of the Immigration and Nationality Act says that if you tried to get a green card through a fake marriage, then you are barred from obtaining a green card through a subsequent visa petition.
There is no waiver. But there may be other limited forms of relief depending on the...View More
Yes! Consult with a good immigration lawyer, who has extensive experience in removal proceedings. You need to see if you have relief from removal. You may qualify for cancellation of removal, adjustment of status, asylum, etc.
If someone is in jail in the custody of Immigration and Customs Enforcement (ICE), often this means that ICE has made an initial custody decision to detain this person without bond. You may request that an Immigration Judge "redetermine" the custody at a bond hearing.
I ran away( i stayed 2 weeks for x mas) from 5 immigration officers when they tryed to send me back Dec.1993.How long will they hold this incident against me.I just wanna see my friends after 17 years.After the 2 weeks i came back to the airport and took my sheduled flight back to germany.they were... View More
I'm sorry that the Consulate denied your application for a visitor visa. To be successful, you must persuade the Consulate that you are likelyt o return to your home country. You should support your application for a visitor visa with proof that you have a job, that you own property, that you...View More
The original immigration proceedings started in CA .. but due to a change of venue the final removal order was given in MA- I know the 9th district and the 1st district treat immigration matters differently, but what rules apply when attempting to reopen?
File your motion to reopen with Boston immigration court, if that court issued the final order of removal, and no appeal to the Board of Immigration Appeals was filed. Boston is in the First Circuit so First Circuit law would apply.
An Immigration Judge order that this person be released from ICE custody after the payment of an immigration bond. Whether this person qualifies for bond depends on various facts. Does this person have a criminal record? A final order of deportation? Consult with an experienced immigration lawyer...View More
Marriage to a U.S. citizen is a common path to permanent resident, i.e., a green card, which, in turn, may lead to naturalization and citizenship. An order of deportation is an obstacle to a green card. And by "illegal" what do you mean? Did this person enter the U.S. with a visa and a...View More
Yes, you can probably try to reopen the case. But it's generally more effective to reapply. Whether to reopen or reapply depends on the facts of the case. If you need help, please give me a call in my office at 617-722-0005.
My husband is currently serving time in a federal prison he also has a INS detainer (possible deportation) He came to the states with a asylum case convention against torture. My question is approx. when they take him to immigration jail how long can they keep him there? we will be fighting our... View More
If your husband is in ICE custody, ordinarily, he will have the right to a bond hearing where an Immigration Judge can redetermine his custody. Your husband will also have an opportunity to show that he deserves relief from deportation in Immigration Court. Good luck.
If you miss your biometric appointment, there is a risk that your application could be denied for abandonment. ASAP, you should go in person directly to the biometric appointment office with your notice and explain the situation. Usually, they will take your fingerprints on the spot.
If you get married to a U.S. citizen, your spouse could file a visa petition for you and you could then apply for adjustment of status. But if you get married shortly after entering in the U.S. as a visitor, you could be charged with visa fraud. Please contact me for me information.
A naturalized person's date of birth was revealed to be incorrect by his mother after the naturalization certificate was issued, a submitted N-565 was filed to correct the date and was denied is there anything that can be done to correct the date on the application? Is there an appeal process?
As a U.S. citizen, you can file a I-130 visa petition to bring your husband back to the U.S. as a permanent resident. But his criminal record and deportation order will require waivers--I-212 for the order of deportation and I-601 for criminal convictions.
If someone who is "illegal" or undocumented comes into contact with law enforcement, this could be the beginning of a process that leads to deportation. Even though the manager didn't press charges, this person must appear at a hearing for a "court date." Agents from...View More
On March 16, 2010 I was removed for my criminal conviction under INA 101(a)(43)(P), which is an aggravated felony for immigration purposes. My wife is US citizen. Can I apply for waivers to come back to the US?
It sounds like you may need (Form I-212) an application to apply for early admission to the US. Your conviction would be a negative equity. Depending on the nature of your offense, you may also need a I-601 to waive the criminal ground of inadmissibility.
I'm not sure precisely what you are asking. But to clarify, if you got an order of removal (through expedited removal, or through removal proceedings initiated at your arrival in the US) after April 1, 1997, and you seek admission to the US within 5 years, you would be inadmissible unless you...View More
She can apply for a refugee travel document using Form I-131. It would helpful if she still had a copy of her expired travel document. Keep in mind that she should try to become a permanent resident so she can naturalize.
Can you clarify what you mean by "international to international" program? Perhaps you are talking about the J-1 Exchange visitor program? Or maybe you're referring to some aspect of international student visas.
I'm not certain because I'd need to know more about your immigration status. But, in general, section 216 refers to conditional residency. If you're a conditional resident, you must file, together with your spouse, an I-751 petition to remove the conditions on your green card before it expires.
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