Kelli Y Allen's answer I highly advise having a full consultation with an immigration attorney. The U.S. does not recognize proxy marriages. If that is what occurred, you will have problems with immigration when you try to file the spousal petition.
Kelli Y Allen's answer To be eligible to apply for naturalization after 3 years of permanent residency rather than 5, you must have been married to and living with your U.S. citizen spouse for 3 years since becoming a permanent resident. If your spouse was an LPR part of the time, you must wait until it has been 3 years.
Kelli Y Allen's answer I suggest you retain the services of an immigration attorney to get all the paperwork done while you're waiting for the marriage certificate so that all the applications and supporting documentation can be filed as soon as the marriage certificate is available. Part of the adjustment of status paperwork is an application for employment authorization. Once this EAD is received, this will allow you spouse to get a SS#, drivers' license, and start working. The EAD will last until there is a...
Kelli Y Allen's answer I'm not sure what your exact question is. I recommend contacting a family law attorney to deal with the custody issue first. If you decide to divorce, that will resolve the H-4 issue as she would not longer be an eligible derivative.
Kelli Y Allen's answer Check with you school and see if they can assist you. Otherwise, if you leave the U.S., you would have to get your new passport stamped before re-entering the U.S. In either case, for accuracy purposes, you should notify USCIS of the omitted information.
Kelli Y Allen's answer The answer depends on numerous factors such as: what he was charged with, whether he has been convicted, whether he has an ICE hold (or has been referred immigration court), and, if so, whether he has any form of relief for which to apply. That would depend on criminal record, how long he has been in the U.S., whether he is married to a U.S. citizen or permanent resident, and many other factors. He (or someone on his behalf) definitely needs to consult with an experienced immigration attorney...
Allen C. Ladd's answer You will need to find a lawyer who can tell you what your options are. It might be possible, for example, to ask the Immigration Court (Charlotte, I'm guessing) to consider reopening the case, to allow you to go forward with visa processing for your husband. In any event, you'll need to start with (a) consultation with lawyer and (b) filing Form I-130 petition for alien relative.
To find a lawyer, contact the NC bar by toll-free number and ask for a list of attorneys who subscribe to...
Allen C. Ladd's answer York County (Rock Hill area, including York) in South Carolina has an arrangement ("287(g) Memo of Understanding") to cooperate with ICE in traffic stops. This is the result. Unfortunate.
I recommend you find an immigration lawyer in Rock Hill -- or in Charlotte -- to help you with this. He or she will work with a criminal lawyer in SC. If you are lucky, you will find someone who handles both US immigration and SC criminal defense.
Myron Morales' answer Since he entered on a visa, you can file concurrently. But, since he is leaving on December 1, this will not be enough time to obtain the advance parole document that he will need to return to the U.S. As such, the I-485 would be deemed abandoned and he would have to consular process to complete the residence process.
Peter N. Munsing's answer Then or now? Then, usually nothing. Now---could be problems. You may be better off leaving, then returning properly. If they catch you & toss you you'll have problems getting in. Suggest you contact an attorney who is a member of AILA or a certified immigration specialist by the Pennsylvania Courts.
Hector E. Quiroga's answer Without seeing all of the facts in the case, that’s hard to say; however, it’s important for you to know that deferred prosecution can count as a conviction for immigration purposes.
Peter N. Munsing's answer You want to get a divorce/family law attorney in the county where you both resided. That person can tell you what you need to do, your options--the immigration issue is her issue, not really yours.
J1 and J2 Visa Holders may have the 2 Year Home Residency Requirement, that would prevent the ability to get a Green Card, unless the requirement/restriction is waived. The Visa Restriction should be looked into first, and if it exists on the J1/J2 Visa, this usually affects "timing and plans."
Crimes may or may not affect a Green Card Filing, it depends on the specifics surrounding the crime. Regardless of the dismissal, a copy of the police, court, and...
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