Kyndra Mulder's answer In the event the your children are not USC's through you and are not registered as birth abroad children of a USC you will need to obtain immigrant visas for them. You do this through the US consulate. You will need to provide sufficient documentation that the mother of the children has granted you permission to bring the children to the USA.
Kyndra Mulder's answer In general, A person will be admitted into the USA if they have a valid visa and go through inspection. Admission may be denied if the visa is expired or the person has overstayed their visa. Also, BP had discretion to cancel a visa if they suspect immigration intent.
Just being married to a USC is not sufficient. The proper petition and application must be filed with the USCIS in order for a spouse to adjust,
Kyndra Mulder's answer Yes. He can file the I-130 even though he is not in the USA. His deployment is temporary. As long as he has a permanent residence in the Usa he can use that address on the petition. He should include on the final page a note that he is on active duty and temporarily deployed outside the USA.
Kyndra Mulder's answer In general the mother of a USC is an immediate relative and a visa is immediately available to her. She can adjust inside the USA. One word of caution is that she will need to be prepared to demon state that she entered the USA with a non immigrant visa and did not intend to immigrate. If she had immigration intentions when she entered the USA on a non immigrant visa she can be charges with misrepresentation or visa fraud.
Kyndra Mulder's answer I don't know your current status. Do you have a valid visa, an expired visa.... Most likely your status is EXPIRED and/or PENDING. If you have ever used medicaid your adjustment may be denied until you pay the medical bills. You are not entitled to food stamps. This is why, when applying to adjust status you must have a financial sponsor.
Kyndra Mulder's answer Based on the facts you have presented you do not need a waiver. If you are applying again for a non immigrant visa you will need to provide sufficient evidence of your intent to return to your home country. There is a strong chance this will be denied if there is evidence of previous misrepresentation.
If you are applying for an immigrant visa you only need a waiver if there is a charge of prior misrepresentation.
To know exactly what needs to be done in your situation requires...
Kyndra Mulder's answer Whether your husband is eligible to get the hold lifted or for bond depends on facts that you have not offered. The hold means that he will be deported without the right to see a judge first or he does have a right to see a judge to defend against removal. What needs to be done or can be done depends on the situation. I suggest you contact an experienced immigration attorney.
Kyndra Mulder's answer Yes. Permanent resident means just that. Spending a few weeks in the USA and living in Switzerland does not make you an LPR of the USA. Your status may be revoked. There is a commuter status available if you qualify.
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