You are correct. He needs a B-2 tourist visa. He needs to reapply and demonstrate that he has no intent to immigrate to the US.

If you are a US citizen, you should be able to get a passport to travel abroad.

If you fail to appear at the interview, your petition for him could be denied, and he could be placed under removal proceedings before an Immigration Judge.

You need to wait for a visa to become available. It’s not long. If someone filed a petition now it would be about a 2-year wait. If your petition was filed before May 1, 2016, your petition might be current.

If a BSN is a Bachelor of Science in Nursing, then probably you can’t get an... View More

That is hard to say without knowing the details of your case and why you fear returning.

Also, an asylum application is supposed to be filed within a year of arrival in the US in most cases.

An asylum application should not affect your chance of getting OPT.

You can file immigrant visa petitions for them once you are a citizen. They can also try to come to the United States on tourist visas and apply for asylum. If South Africa is a commonwealth country, they might have better luck seeking assistance in another commonwealth country.

If you are a citizen, you can file immigrant visa petitions for them. Your parents’ cases will be approved relatively quickly, though any petitions filed for brothers and sisters will take longer. We recommend that you consult with an attorney regarding your particular case.

You definitely need to address your questions to the company’s counsel as he or she is familiar with your specific circumstances and will ultimately bear responsibility over the petition filed on your behalf.

A Complaining Witness cannot "drop charges" once a prosecutor has filed a criminal Complain with the Court in Minnesota. But, there are many things they can do to help the defense. One would be to contact the defense lawyer. Another would be for the witness to get their own lawyer.... View More

She has to have the intent to visit at the time of entry. If her intent changes later after her admission, then the USCIS will accept an application to adjust her status to Lawful Permanent Resident. She can also apply for work and travel permits while her adjustment application is pending.

Canadians are visa free and are not always issued an I-94. If an I-94 is issued, then you can use that to adjust her status from visitor to lawful permanent residence. If an I-94 is not issued, then she can use an Affidavit to prove her lawful inspection and admission. You will need to file the... View More

Because you failed to file for a 1 step adjustment when she was 19, your wife has now accumulated unlawful presence.

I would suggest you contact an immigration attorney at your earliest opportunity. My office number is (540) 684-6621.

There are a lot of questions that need to be answered before an attorney can give you adequate advice.

For example:

1. How old is your spouse? Depending on her current age and the age she was when she obtained DACA, she may not have amassed any unlawful presence.

2. How... View More

Each applicant may have different needs. More information is needed, because if you decide to suddenly leave the U. S., then it is unclear whether you can return in a timely manner. There are financial, legal and personal consequences to consider when deciding whether to file in the U. S. or file... View More

A person who has a pending green card application is not allowed to enter the US in visitor status. The legal definition of a visitor is a person who intends to return to live permanently at his/her overseas address after travelling to the United States.

More information is needed, but it seems like he was unable to complete the process. This means that he may be deported, which can complicate your life as well as custody matters, where there are children.

I strongly recommend an appointment or teleconference with a competent and... View More

There is no way to advise you without knowing what the crime was.

In general a plea of guilty of no contest is considered an admission of guilt for immigration purposes. Secondly, a conviction may be considered a violation of the terms of your visa depending on the crime.

No. He can not stay. He must abide by the terms of his visa or he will need a waiver to return with his immigrant visa.

A visa does not grant a person permission to enter the USA. A visa grants a person permission to request admission at the border. admission can be denied if there is a question of immigrant intent rather than no immigrant intent.

It is necessary to review his entire immigration history in order to answer your question.