If he was married to someone else when he married you, the marriage with you would be void.

Visa overstay can be forgiven in the context of a petition for relative / application to adjust status case when the relationship is that of marriage to a U.S. Citizen petitioner. I recommend that you consult with a competent immigration attorney in an attorney office setting, so that an attorney... View More

He was granted voluntary departure, so he wasn’t deported; that’s good. He probably will need a waiver to overcome the unlawful presence issue, but there is nothing that you mentioned that would suggest he couldn’t eventually come back to the US.

She certainly should schedule a consultation with an experienced immigration attorney. She should bring copies of all her past immigration paperwork and copies of all criminal case documentation, the medicaid fraud case and any other. It is impossible to provide an answer without reviewing all... View More

As Florida is a "No Fault" divorce state, you cannot stop her. With this in mind, don't fight it because the only people that will benefit from this are the lawyers. I'm sorry this has happened to you, good luck.

That may be the case, depending. How had he been in the US up until he left? If he overstayed a nonimmigrant visa, such as a tourist visa, he made have a ten-year bar for that. If that’s the case, he can get around that via marriage to a USC or LPR or waiting outside the US for ten years.

If he committed fraud to obtain immigration status through marriage to a USC, that will impact him negatively if he wants to immigrate to the US in the future. There is a chance he can overcome the associated penalty. Your friend should talk with an immigration attorney so she can get advice... View More

One should gather proof of your husband's permanent resident status (e.g., copy of his green card) and proof of his parents' citizenship (e.g., naturalization certificates) and bring those items to an immigration attorney for analysis. It may very well be that your husband acquired... View More

Truly it doesn’t matter. If you apply for the work authorization as part of your green card application, you don’t need to worry about applying for OPT. It is true that your opportunity to apply for OPT will not be available if you don’t file for it in time, you really don’t need it once... View More

You need to get advice of counsel in regards to this situation. There are a lot of issues that need to be flushed out before answering this question.

We strongly suggest you seek an attorney’s counsel in your case. Depending on the statute, under which you were charged/pled, you could have some serious issues regarding your ability to remain in the United States. Getting your records expunged or sealed would do you no good, because the... View More

Generally yes..Discuss your case in private with counsel.

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answered on Aug 9, 2018

Your daughter is a U.S. citizen and may be able to apply for benefits (you can apply for her) at The Administration for Children and Families agency in the state you live in.

The Administration for Children and Families funds states, to provide family assistance (welfare), child support,... View More

An approved I-130 in and of itself will not guarantee your husband’s release. He will likely end up ICE detention. Your best course of action is to hire an immigration attorney with litigation experience. He might be allowed out on bond.

You may be thinking of the K-4 visa process, but unless your wife is pursuing the K-3 visa, your step-daughter would not be able to employ that strategy. Consider scheduling a consultation with a competent immigration attorney who can speak with you to more fully understand your case history and... View More

Some application support centers will allow applicants to have their biometrics done at a time other than the one for which they are scheduled, but an appointment notice is still required.

A marriage certificate is evidence of a name change. If you want to take your husband’s name, complete the forms showing your married name as your current legal name and showing your maiden name as another name used.

You need to retain counsel to represent you. The safest approach if you are getting married in China is a visa so she can process at the Consulate. If you plan to marry here, you should apply for a fiance visa. Counsel will handle all steps from A to Z.

It depends. If you and your spouse filed the I-751 jointly, and your attached documents are proper, you may get a 10-year green card before the expiration date of your one-year extension. If you are divorced, expect that you will be interviewed in a few months.

This will be a problem. You will need to explain the situation to the USCIS in detail and provide proof of the bona fide of your marriage - wedding photos with parents, joint property, etc.