my friend worked in the us for many years then got deported for a DUI 5 years ago. he's been a full time student Mexico. it was 5 years ago for the dui. can he come here legally to be a student keeping his above 3.5 gpa and then try to get citizenship? can he even get a work visa since he got... Read more »
It may be the deportation more than the DUI that will cause problems. He would want to look into whether he was actually deported or whether he was granted voluntary departure. While a single DUI is usually not a grounds of inadmissibility (thus barring eligibility for a visa), some consulates...Read more »
He had his visa but it expired. He got into a fight and police took him. Tryed getting bond but ICE took him . He signed his voluntary exit. Now he waiting to go back to mexico. Has not went to court yet for his poss of marij. Has never been in trouble before this & Married to a united states... Read more »
I would consult with an attorney right away, as soon as possible. He needs to be screened as soon as possible to see if he is eligible for anything, and if so, if there is a way to get his voluntary departure (presumably this is what you mean by "voluntary exit") vacated. If he does not...Read more »
My German wife and I married 6 years ago in the States and currently live in Germany. I am a US cititzen and we have 2 small children with US passports. We would like to return to the States next year.
Can my wife apply for a Green Card and what would the proces look like?
So long as your wife is eligible, you may petition for her for a green card. It is a multi-step process that includes 1) filing a petition with United States Citizenship and Immigration Services (USCIS), 2) completing an application online and sending documents to the National Visa Center, and 3)...Read more »
First of all, congratulations! In terms of petitioning for your fiancé, you mainly have two choices. You could get married in Mexico and do a spouse visa petition, or you could petition for him as a fiancé and marry in the U.S. There are variations to the two processes and I would definitely...Read more »
I am petitioner and permanent resident (Green card holder) in USA. I filled form I -485 Adjustment of status application for my wife on June 1st’ 2017. She is here on student visa (F1). I have question regarding the form I 765 & I 131. I didn’t fill this form with my I-485... Read more »
My girlfriend lives in Mexico and we've been talking about getting married for a while now but we weren't sure if she could come back. When she was younger she lived in the country illegally and their are records of her like high school yearbooks and stuff but she left voluntarily when... Read more »
I went to jail first time class a misdemeanor. I pretty sure border patrol picked me up and 30 min later I agreed to return instead of jail just to get deported anyways. Them i found out I was a witness smuggling. I didn't sign for that or hell who know what I signed?
Almost always CBP (Customs and Border Patrol) because voluntary return is almost always granted at the border. ICE used to grant VR in certain circumstances several years back, but I have not heard of it happening recently. Voluntary departure (which is different than voluntary return) can be...Read more »
I was granted a Tvisa on August 16, 2016 (valid up to August 15, 2020) has an option for adjustment on August 2019. It has also an option for adjustment for green card if an Attorney General can certify that the case is close. Based on information available the Trafficker has been prosecuted and... Read more »
Each law enforcement agency has different policies about how to go about requesting these letters. I would recommend calling the AG's office to ask what information they would like in order to write the letter, or contacting an experienced immigration lawyer who can guide you through the...Read more »
The Department of State published a memorandum in Fall 2015 that permits (or even encourages) visas to be revoked when someone has been arrested for DUI. So it's quite possible that the visa could be revoked. I would consult with an attorney who practices both immigration and criminal law.
i am a pernament resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them, can i do it with my conditional resident? My husband cant since he is away and by the time he comes their visa will expire. can i petition them under my conditional status?
You may petition for your daughters as a conditional resident. Just pay attention to processing times because it is very likely their visas would expire prior to their priority dates being current, and because they would not be considered immediate relatives of US citizens, any unlawful presence...Read more »
This is a difficult question to answer without knowing the facts of your case and what the letter from the consulate says. I would recommend contacting an immigration attorney, because crimes involving moral turpitude are not the only reason visas can get cancelled. For example, since November of...Read more »
Came to US August 2014, visited Canada for about a month and returned to US December 2014. My husband is a US citizen, as is my mother although she's a landed immigrant in Canada for over 30 years. I want to visit Canada briefly and my husband and I plan to move there in about a year and would... Read more »
The father can file an I-130 on the son's behalf, but he cannot do a one-step adjustment of status petition because a visa number is not immediately available. However, it would be a good idea to check to make sure the son did not derive citizenship from the father. Also, beware that filing...Read more »
I'm US citizen, my parents GC holder. What's quickest way to get GC for my sister (Divorced, Over 21,born and live in India). Who should file I-130 for my sister to get GC quick, Should I file or my parents?
Each month the Department of State publishes a visa bulletin where you can check and see what cases they are currently processing. You will need to look and see which category you sister would fall into whether you or your parents filed for her and then check to see what the current priority date...Read more »
I agree with my colleague that it depends on the situation. If your spouse accrued unlawful presence here in the United States, he may need a waiver. Spouses of US citizens can sometimes file a waiver here in the United States and have it approved before leaving for the consular interview. If he...Read more »
Two issues may arise in this scenario. First, in order to apply for a U visa you have to obtain a certification from a law enforcement agency that you assisted in the investigation or prosecution. I have received certifications from agencies for things that happened over ten years ago, but it...Read more »
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