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...
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.
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.
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.
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!
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.
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.
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...
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...
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!
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.
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.
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.
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!
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.
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