Michigan Immigration Law Questions & Answers

Q: If an asylee goes to court, can that affect his/her status in any way?

2 Answers | Asked in Immigration Law for Michigan on
Answered on Jan 25, 2018
Kevin L Dixler's answer
The question is unclear. More information may be needed.

If your asylum is sent to the Executive Office of Immigration Review, which is immigration court, then the DHS cannot approve the asylum claim. As a result, DHS plans to deport you unless you can prove to an immigration court that you qualify for asylum. The referral means that USCIS has denied your asylum claim.

It’s uncl why it denied the asylum. I strongly recommend an appointment with a competent and experienced...

Q: How long does the deportation process usually take in the state of Michigan?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 18, 2018
Michael Hugh Carlin's answer
The answer to the question depends on a number of different things. If the person is detained by Homeland Security (ICE), then the process many times takes weeks or months, although depending on circumstances, could take a year or longer. If the person is not detained, then proceedings in Immigration Court could take years, sometimes many years.

Q: If you are caught driving without a license and insurance what are your chances of deportation?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 21, 2017
Hector E. Quiroga's answer
Those aren’t the kind of things that in and of themselves would lead to someone’s deportation; however, depending on where you and you husband live, and depending on the relationship between Immigration and Customs Enforcement and local law enforcement, being in the legal system could lead to his detention simply because he could be identified as someone in the US without authorization.

Q: My husband was denied his immigrant visa. Would he be allowed any other visa at this point? Non-immigrant visa, visitor?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 6, 2017
Edit Stelczner's answer
Most importantly, what was the reason for the denial? Was it a marriage-based immigrant visa? Review of your entire documentation is necessary for a tailored answer. Generally for a nonimmigrant visa he will face scrutiny given that he already presented immigrant intent.

Q: As a permanent resident,when can I petition for my wife -who is an international student (F-1)- to get her green card?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 1, 2017
Edit Stelczner's answer
Generally you may petition a relative as a green card holder and then upgrade the petition when you become a citizen. It seems however that she may be able to get her green card before you become a citizen. You need to consider the visa bulletin when filing a petition because a green card holder’s petition for a spouse does not warrant an immediate visa availability (unlike a citizen’s petition). Congrats on your upcoming marriage!

Q: Can a 501(c)(3) organization hire an unskilled (non-H-1B Visa) worker for temporary or seasonal labor?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Nov 21, 2017
Hector E. Quiroga's answer
It depended on what the work is going to be, but there is nothing in the facts provided to lead one to conclude that such an individual couldn’t be hired by a non-profit.

Q: Can my wife's kids from a previous marriage get their visas under my L1a visa even if their father didn't give approval?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Nov 21, 2017
Hector E. Quiroga's answer
There are two answers to that question. If they meet the legal definition of children under the INA, even if they are stepchildren they should qualify. Without the biological father’s permission, or without a document that grants custody to the mother, it is still not likely to happen.

Q: Does entering the diversity VISA lottery really make it more difficult to get a non-immigrant VISA?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Nov 20, 2017
Hector E. Quiroga's answer
It is a question of intent. If you apply for a diversity visa, you are signaling your intent to immigrate to the US. If you apply for a nonimmigrant visa, you are signaling an intent to remain in the US for a limited time. For the latter you have to show your connections to your country of origin, and an application to immigrate to the US weight heavily against returning to your country of origin.

Q: Will I still be able to get my green card approved should I win the DV lottery and have my USC husband petition for me?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Nov 2, 2017
Kevin L Dixler's answer
You have overstayed and in doing so, as a visa waiver recipient, are disqualified from a hearing before an immigration court. If you marry a second time, you may be asked to prove that the first marriage was entered in good faith, not solely for immigration purposes, as well.

If you marry another U. S. citizen, then you should consider working with a competent immigration attorney. If you leave, you will be barred from lawful immigration for at least ten years. It is difficult to...

Q: How can I live in Michigan?

1 Answer | Asked in Estate Planning and Immigration Law for Michigan on
Answered on Oct 23, 2017
Kenneth V Zichi's answer
You need to become a lawful 'permanent' resident alien under US law. That means applying for the appropriate visa.

See https://www.uscis.gov/tools/glossary/permanent-resident-alien for definitions and guidance. If you don't know how to do this, I'd suggest finding an immigration lawyer in Detroit or some other border city (depending on where you are) to determine how to go about the process.

-- This answer is offered for informational purposes only and does not constitute...

Q: I am an American currently in Germany. Can I bring a friend from Greece as a migrant worker for a farm project in MI?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Oct 13, 2017
Myron Morales' answer
You should consider using the H-2A program. You will also need to set-up the farm as a business so that it can sponsor him for the visa.

Q: How do I get the proof or legal statement of my immediate family members status?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Sep 27, 2017
Hector E. Quiroga's answer
This is more than likely a sworn declaration simply stating that you have no immediate family members in the United States.

Q: K1 visa, married, we have a child together and now he wants out

1 Answer | Asked in Divorce, Family Law and Immigration Law for Michigan on
Answered on Sep 26, 2017
Michael Hugh Carlin's answer
Did you ever apply for a green card? If you did, does your green card expire in 2 years, or in 10 years? I suggest that you consult directly with an experienced immigration attorney to go over the details of your case, and to plan a path forward. Best wishes to you!

Q: My husband left before he was forcibly removed, on his own, 5 months after receiving removal order. What is his bar?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Sep 16, 2017
Michael Hugh Carlin's answer
The answer to your question depends on a number of factors, including the reasons why US immigration officials gave him an order of removal, his prior immigration history, and his prior encounters with police, other law enforcement officers, and courts. I suggest that you consult directly with an experienced immigration attorney to go over the complete history, and see what might be achieved in the future. Best wishes.

Q: My husband got removal order and left the country within 5 month's on his own. How long is his bar? Thanks, Christine

1 Answer | Asked in Immigration Law for Michigan on
Answered on Sep 15, 2017
Myron Morales' answer
Did he leave pursuant to an order of voluntary departure or did he just leave before he was forcibly removed?

Q: my boyfriend has been here on a B2 almost 6 months..decided to get married..

1 Answer | Asked in Immigration Law for Michigan on
Answered on Sep 8, 2017
Michael Hugh Carlin's answer
The answer to your question depends on some factors that we would need to discuss with you and your boyfriend. I suggest that you consult with an experienced immigration attorney to carefully review all of the details of your situation, and to determine the best path forward. Best wishes to you.

Q: conditional marriage based green card

1 Answer | Asked in Immigration Law for Michigan on
Answered on Aug 18, 2017
Michael Hugh Carlin's answer
Although USCIS generally expects that married persons should be living together, it is possible to get an I-751 Petition approved while living separately. The difference between approval and denial will depend on the quality of the petition and supporting documentation. I suggest that you work with an experienced immigration attorney to avoid certain mistakes and to have the best chance of success. Best wishes to you.

Q: My fiance is an EU citizen. We got engaged in Ireland & intend to marry there. Can he visit me in the US beforehand?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jul 25, 2017
Richard T. Herman Esq's answer
Your fiance may be qualified to enter the U.S. on an ESTA status. Your fiance should always answer all questions asked by the U.S. government with complete honesty. You should also know that the border may not permit the fiance to enter the U.S. if they think this person is intending to stay, get married and file for adjustment of status. Feel free to call me for further clarification. Good luck and Congratulations!

Q: can i travel outside the united states and come back with a travel document without green card?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jul 16, 2017
Michael Hugh Carlin's answer
In order to know for sure, we would need to know some more information. On what basis did you obtain the travel document? What is your purpose for traveling at this time? What countries are you visiting? I suggest that you consult with an experienced immigration attorney before you decide to travel. Best wishes.

Q: I have an Italian friend online who wants to meet. Will she have trouble getting into the US to stay with me?

2 Answers | Asked in Immigration Law and International Law for Michigan on
Answered on Jul 8, 2017
Juan V. Cervantes' answer
So long as she can prove she intends to maintain her foreign residence, it should not be a problem.

If you want to ensure that she arrives in the US without a hitch, contact an immigration attorney so they can guide you and her through the process.

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