Hector E. Quiroga's answer Your plan depends on the need for CNAs in the US. If there is a high demand and not enough individuals with the necessary skills in the US, then your chances of immigrating through work go up. That’s true for any position. Most employment visas are geared toward skilled workers, those with advanced degrees; however, there are some for the unskilled, and if workers are needed and a visa is available, you can usually find a pathway.
Hector E. Quiroga's answer Two things will be requested—evidence of past income as well as of current income. Your 2017 taxes will serve for past income, and pay stubs or an employment letter will serve as evidence for current income. If you can’t show that you meet the requirements based on your income, you can use assets to make up the difference of find a joint sponsor.
Amber Hardy's answer Your responsibility as a sponsor lasts until the immigrant becomes a U.S. citizen or has earned 40 work quarters credited toward Social Security (which is about 10 years), dies, or permanently leaves the United States. If something happens before then the government or immigrant can take you to court. Therefore until one of the above happens you would be held accountable and there isn't really any way around it.
Kevin D. Slattery Esq.'s answer 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 can discuss the fine details of your case in private (not online).
Hector E. Quiroga's answer The first step in getting the green card through an employment visa is to have your employer file the I-140, Petition for Alien Worker. That can take a while to adjudicate. You can stay in the country while that is being processed as long as you have valid nonimmigrant status; it doesn’t matter which one.
Hector E. Quiroga's answer Your mother can petition for you once she becomes a resident. The process will take longer once you turn 21. It can be done outside the US. We recommend that you speak with an immigration attorney before you leave the US to see what your options are based on your particular circumstances.
Hector E. Quiroga's answer The $16,400 figure is for active military service members who are sponsoring a spouse or minor child. It is 100% of federal poverty for a household of 2. 125% of federal poverty for a household of two is $20,575. For a household of four it is $31,375. It doesn’t matter how many jobs you have, so long as you meet the obligation. You can also include assets or get a joint sponsor.
Hector E. Quiroga's answer 1. It is possible to get a visa to come to the US; the problem is nonimmigrant visas are for temporary visits, and by applying for asylum you’ve signaled your intent to stay in the US.
2. If you leave the country after applying for asylum, you effectively abandon your application.
3. Your husband can apply for asylum if he is eligible, yes.
4. You cannot have an asylum interview in your home country.
Hector E. Quiroga's answer 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.
Kevin L Dixler's answer Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS that a situation exists. This requires relevant documentation. This also takes more time than clients expect.
This seems like a job for an immigration attorney. As a result, I strongly...
Hector E. Quiroga's answer To be clear, the idea isn’t that your father can be out of the US until May 2019 but rather that he can use if for reentry up until that time. In any case, he should be able to use it to come back, and he should be able to use the green card, too. The biggest issue with the green card is how securely it could be sent to where he is.
Hector E. Quiroga's answer It is highly unlikely that your case will be denied because you overstayed your visa. It is highly unlikely that your being out of status will affect you in any way. If you were detained, you could be deported, but really; that is unlikely.
Hector E. Quiroga's answer The pending case in enough for the government to revoke your visa. That in and of itself should not impact you—a visa only allows you to enter another country—unless you leave the US for any reason. Then you would need to apply for another visa to come back.
If you are convicted of the charges, that’s another story. You could be deported based on that.
Hector E. Quiroga's answer You don’t say whether or not you came without authorization, but if so you can apply for a benefit called “parole in place”, which could, based on your being married to an active duty Marine, essentially erase an unlawful entry. Once you have that, you can apply for a green card at the same time your husband files an immigrant visa petition. If you entered lawfully, i.e. with a visa, you would not need to apply for parole in place.
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