Kevin L Dixler's answer I agree. Justia is not the place to find a solution to his situation. Yet, it seems that he may have fallen victim to his own excesses. If not, then to questionable lawyering and impatience.
It will be important for you to find an appropriate attorney, who can take the time to evaluate and explain ‘all’ of your options. Otherwise, you may spend a lot more money in vain.
Some find it difficult to advocate for change in a nation that seems indifferent. Most Americans are...
Kevin L Dixler's answer I agree, but proving that he has a physical impairment that requires that he be opted out of the exam may prove very costly in addition to the legal help that he requires.
Sometimes, difficult decisions need to be made. For that reason, I strongly recommend an appointment with a competent and experienced immigration attorney who can spend enough time to answer all of your questions beforehand. This appointment has value. An appropriate decision should be made for your family. Good...
Kevin L Dixler's answer You must be a lawful permanent resident of the U.S. in that you actually live in the U.S. most of the calendar year before you can seek citizenship by naturalization. You must interview for citizenship by naturalization after 3 to 5 years of continuous physical presence in the U. S.
It seems that you may have been petitioned for lawful permanent resident status. If you have a child, then the father of the child must be a U. S. Citizen. Otherwise, the child may have delays in lawfully...
Kevin L Dixler's answer I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.
The Foreign Affairs Manual, contained in 22 CFR, too often condemns that sort of conduct. Ask about the 30/60/90 day rule, which is an actual footnote to a regulation, but is too often enforced like law. Your decision to enter for such reasons have been interpreted as misrepresentation, even if there may appear to be a reasonable...
Kevin L Dixler's answer More information is needed. Particularly, the type of visa used for admission and whether something happened that disqualifies you. These issues include reasons other than crime.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications or unexpected delays. Good luck.
Kevin L Dixler's answer There are issues that need to be considered before filing. First, you can meet him, but he is locked up. I suppose that you can, but it will be difficult to take a photo of the two of you, together, unless he was not incarcerated when you first met him. More information is needed. When will he be released from jail?
In addition, you cannot consummate after the marriage if he is incarcerated with a longer term sentence. It is unclear if there is a joint sponsor to support you for...
Kevin L Dixler's answer No, you should be able to renew, online. However, it may take a while for the biometrics and new card to come in the mail. You are obligated to update the card, but you are still considered a lawful permanent resident. It is best to renew before the card expires, because you can be disadvantaged, if you need to apply for a new job. Good luck.
Kevin L Dixler's answer More information is needed. Which nation's passport? If you do so, then your travel falls under the jurisdiction of that nation, not the U.S. That means that you 'may' need a visitors visa depending upon the 'current relationship' between that nation and Peru. If you are arrested, detained, kidnapped, or missing, then your family will likely require the diplomatic services of the nation of that "other nation's passport." The U.S. may no longer have jurisdiction over you based upon...
Kevin L Dixler's answer More information is needed. Did you have a visa? If so, which type? An attorney should review the basis of the I-94. It is unclear what action CBP or ICE took at the time. It is unclear how CBP or ICE will proceed. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. Good luck.
Kevin L Dixler's answer Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
Kevin L Dixler's answer More information is needed. Is this for an I-130 marriage petition? If so, then this is one of many documents that can be considered. Insufficient amounts and unvarying types of documentation can lead to delays.
The above is general information, not legal advice, and does not create an attorney client relationship.
Kevin L Dixler's answer You were allowed to stay until an O-1 decision and decision on the extension. However, if you leave before a decision, then your extension of status application is deemed abandoned which revoked that part of the application. That is why you became an overstay.
If you need more than general information on why your ESTA was denied, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
Kevin L Dixler's answer Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.
The above is general information, not legal advice, and 'does not' create an attorney client relationship.
Kevin L Dixler's answer He will never lose his social security number, but he can lose lawful permanent resident status based upon abandonment. His decision to leave the U. S. for more than a year has arguable consequences. The old I-551 cards do not change the law on abandonment. The cards are the property of the U. S. Government. The alien resident card can be confiscated, among other consequences, where there is reason to believe that he abandoned his lawful permanent resident status. His right to collect...
Kevin L Dixler's answer No, the visa quotas are extremely low given the number of applicants being petitioned. In addition, you are disqualified as a derivative child applicant, because you are now significantly over 21 years of age. There may be other options, but I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any more complications.
The above is general information, not legal advice, and does not create an attorney client...
Kevin L Dixler's answer If you married your husband based upon a K-1 visa, then you have proven that you entered the marriage in good faith. The only issue is whether the I-864 must be completed by your husband. There are significant legal arguments. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship. Note that...
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