Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. However under the provisional I-601 extreme hardship waiver your foreign national spouse may not need to leave the United States to apply for the hardship waiver.
Carl Shusterman's answer PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.
To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.
The employer must be prepared to hire the foreign worker on a full-time and permanent...
Matthew J Hartnett's answer It is most likely 10 years if she was ordered deported by an Immigration Judge while living in the USA. But I would consider talking with an immigration attorney because there may be a way to get her back sooner. Don't assume she has to wait 5 or 10 years because many times there are ways around these bars to admission.
2. Once your husband's h1b got approved your f2 is no longer valid so you were out of status after the day your husband's h1b got approved.
3. Your lawyer's mistake will not be accounted for, you should apply for change of status before you go out of status, after all it is called "Change" meaning switching from one status to another. You were out of status since f2 so you might have some problems. Talk to a better...
Tanvir Joshi's answer Disclaimer: The following advice is for informational purposes only and should NOT be relied on as legal advice. No attorney-client relationship is formed through these questions and answers. Check our website http://www.joshilawfirm.com to contact us and discuss your case in detail.
Psych evaluations are often suggested by attorneys for families of I-601 clients because it is a credible evidence of how the fear of separation from family member has affected the qualifying relative...
Camlinh Nguyen Rogers' answer The stated facts are insufficient to answer your question. Complete contact form with more details at http://aba-us.com/contact/?lang=en to learn how we could provide specific answers to your situation. Good luck.
Charles Snyderman's answer Immigration law is a highly specialized area of the law, and only a few attorneys in Delaware have expertise. Unfortunately, you will probably not get an answer on this website, I suggest you contact an immigration lawyer directly.
Charles Snyderman's answer Is it possible for you to provide more details about what the person was charged with and what he was convicted of? As you probably know, there are different requirements that must be satisfied before an application can be submitted. The applicant must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual...
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