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... View More

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... View More

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.

This is more than likely a sworn declaration simply stating that you have no immediate family members in the United States.

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!

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... View More

Did he leave pursuant to an order of voluntary departure or did he just leave before he was forcibly removed?

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.

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... View More

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... View More

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... View More

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.

In the light of the June 26 Supreme Court decision upholding the president's entry ban order in part, nothing could be more risky and uncertain than traveling to Iran now. Even though as a student in the US, you are within the Supreme Court's clearly stated exception to the ban,... View More

We would need to review your immigration history completely to be able to give you an answer to your question. Part of the issue depends on the type of J-1 visa that you had, and the specific exchange program under which you obtained the J-1 visa. If it turns out that you are eligible for a... View More

A realistic time frame is about 12 to 15 months. Regarding fees, it is not appropriate to quote fees on a public online forum. I suggest that you consult directly with one or more experienced immigration attorneys regarding fees. Best wishes!

This would depend entirely on the details of your current or offered green card job, which you would need to discuss fully with the lawyer who is handling the labor certification case for your company.

It is not necessary to apply for H-1B first before applying for a green card. If your employer is willing to sponsor you for a green card, it can start the Labor Certification process at any time. Please feel free to contact me by phone at (212) 724-5643 if you need more information.

The answer to your question depends on the status of your husband. If your husband is a U.S. citizen, then the fact that you have been working without authorization should not negatively affect your application for permanent resident status based on marriage to a U.S. citizen. On the other hand,... View More

This is a question that should be posted for attorneys who practice immigration law.

The only thing you can do is to contact the court by telephone and explain the situation to the Judge's clerk to see if the court will adjourn the matter to another date. How long have you been in Austria? Shared parenting time does not mean you can take you child out of the country unless his... View More