Get free answers to your Immigration Law legal questions from lawyers in your area.
answered on Nov 13, 2024
Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section... View More 
answered on Nov 11, 2024
The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More
My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More
answered on Nov 5, 2024
A US citizen can sponsor their spouse for a green card if they entered the country with permission, even if that spouse falls out of status. The issue in your case is did the spouse, who entered the country do so with preconceived intent. Did he conceal his intent to reside permanently upon his... View More
My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More
answered on Nov 5, 2024
Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters... View More
My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More
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answered on Nov 5, 2024
I agree with my colleagues that consulting with a qualified and knowledgeable immigration lawyer would be the best first step. The Green Card process is complicated, and it is best to seek the guidance of an immigration lawyer who has been through the process many times, is knowledgable about the... View More
answered on Nov 11, 2024
You should consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating your daughter's criminal history for immigration purposes, a good immigration attorney will also want to know about your and your daughter's father's... View More
Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.
answered on Nov 4, 2024
A US citizen can sponsor a foreign national who entered on a visitor visa for a green card. It is important to understand that if the husband entered with intent to permanently reside, that would be considered immigration fraud. However, if he entered with the intent only to visit, but then later... View More
Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.
answered on Nov 11, 2024
Consider scheduling a consultation with a competent and experienced immigration attorney. Whether your husband had the intent to immigrate when he entered the United States as a visitor, presumably as a U.K. Citizen through the Visa Waiver Program; this could affect the method by which he should... View More
Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.
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answered on Nov 5, 2024
The I-485, rather than the I-539, is used for the Green Card process. There are other applications, as well, such as Form I-130. The best advice that I can give is to consider speaking with a knowledgeable and experienced immigration lawyer who can guide you through the process, and who can... View More
or having a parent, brother, spouse, or child over 21 with a permanent green card petition for the Cuban or an employer petitioning for the Cuban so long as they are in the uS 1 year and 1 day?
answered on Nov 11, 2024
Part of your question implies that you are asking about adjustment of status through the Cuban Adjustment Act. Notwithstanding a recent Board of Immigration Appeals case saying otherwise, there is ongoing federal litigation about whether issuance of an I-220A might constitute a grant of... View More
Resist arrest w/out violence. I was deported after a 4 year sentence as a youth offender. I only have one cimt which is the delivery however I was still deported. I knew not of youth offender exception, and categorically delivery isn't a aggravated felony. How do I stand and make this right,... View More
answered on Oct 9, 2024
More information is needed. However, there is a sense of reckoning that must take place before any further action can be taken, if any.
There also seems like a misunderstanding of the definitions of a deportable offense and the enduring nature of the bars for what can be considered drug... View More
I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here... View More
answered on Jun 30, 2024
The issue is one of intent. If a visitor on a tourist visa enters the US with the intent to visit but changes her mind and wants to get married, that is permissible. But if she entered the US with intent to adjust status after marriage, that is a no no. It’s based on an honor system but you have... View More
I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here... View More
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answered on Jun 29, 2024
You can get married as soon as you'd like after your fiancée enters the country on a tourist visa. There is no legal requirement to wait 60-90 days before getting married. However, it's important to consider the intent behind her entry into the US. If it appears that she entered with the... View More
My relative has two 1st degree misdemeanor retail theft on his record. And a misdemeanor for driving without license.( he got into an accident and had his intl. license and he didn’t know it was only valid for certain time and the cop wrote him driving without license and driving with suspended... View More
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answered on Jun 27, 2024
Based on the information provided, this is a complex immigration case with several potential issues. Here's an analysis of the situation and some possible approaches:
1. Multiple Crimes Involving Moral Turpitude (CIMTs):
The two retail theft convictions are likely to be... View More
I just graduated from high school this May and also got a new I-20 from my university. However, due to personal reasons, I want to transfer to another college even though I have not attended my previous college yet. So do I need to depart the US at this time?
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answered on Jun 27, 2024
Here are some key points to consider:
1. Visa vs. Status: Your F-1 visa expiration date is different from your F-1 status. You can remain in the U.S. with an expired visa as long as your status is still valid.
2. I-20 and Status: Your new I-20 from the university you were planning... View More
So when I send a form of EOIR 33 one to the EOIR court which 333 S miami Suite 200
Can someone please tell me the second copy goes to who and what’s the address and should I put the address in the area where it says to office of the principal legal advisor for DHS immigration that means a... View More
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answered on Jun 23, 2024
Based on the information provided, it appears you're asking about filing a Form EOIR-33 (Change of Address Form) for an immigration court case. Here's how to handle the two copies:
1. First copy: You're correct that one copy goes to the immigration court. The address you... View More
So when I send a form of EOIR 33 one to the EOIR court which 333 S miami Suite 200
Can someone please tell me the second copy goes to who and what’s the address and should I put the address in the area where it says to office of the principal legal advisor for DHS immigration that means a... View More
answered on Jun 22, 2024
You can go to www.ice.gov to try to obtain the address for the Office of the Principal Legal Advisor. You can try to call and ask the Immigration Court in Miami for the information.
Representing yourself in an immigration matter is very risky. It is highly unlikely that you will get a... View More
My B1/B2 is still valid, can I still use it to re-enter? I have Canadian visa too can I fill out the DS-160 here and schedule an appointment in Canada us consulate? Can I travel with my I-797A to Canada and re-enter to the Usa?
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answered on Jun 21, 2024
To address your situation, here's what you need to know:
1. Travel Document: As an F-1 student, you don't need a separate travel document. Your primary travel documents are:
- Valid passport
- Valid F-1 visa
- Current I-20 form signed for travel
2.... View More
I am an American Citizen. My wife and her 2 children are Ugandans. My wife's I-130 petition was approved, but when completing her Visa Application for the NVC we discovered I-130 petitions were needed for the children even though I listed the children on my wife's petition. I could submit... View More
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answered on Jun 19, 2024
I understand your concern about wanting your wife's children to be able to travel with her when her visa is approved. Here are a few thoughts on your situation:
Unfortunately, you are correct that separate I-130 petitions need to be filed for each beneficiary, including children.... View More
Is my family considered derivative applicant or principals since their names are in the Asylum grant order. What do I write in the receipt number?
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answered on Jun 19, 2024
Here are some thoughts on your questions:
Part 2 of Form I-485 (Application to Register Permanent Residence or Adjust Status) is for applicants filing under the "Special Immigrant" category. As an asylee, you should not fill out Part 2. Instead, you should complete Part 1... View More
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