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 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 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...
Hector E. Quiroga's answer Your mother can petition for you once she becomes a resident. The process will take longer once you turn 21. It can be done outside the US. We recommend that you speak with an immigration attorney before you leave the US to see what your options are based on your particular circumstances.
Amanda Bowden Houser's answer If he is deported and out of the US, then depending on where he is, getting custody or a divorce will be very difficult because it will likely be expensive and difficult if not impossible to get him properly served. Your best bet is to consult with a local family law attorney who can review your situation in more detail and lay out your options for you.
Hector E. Quiroga's answer Regarding the animal cruelty issue: it will depend, first of all, on the statute under which you are charged. Also, you say you pled guilty and that your case was dismissed. If you pled guilty, your case was not likely dismissed, and there were likely charges. You will want to consult with an immigration attorney familiar with criminal law in your area to find out the possible implications in your case.
It is also likely that, because this all happened more than five years ago and is...
Hector E. Quiroga's answer You can make an expedite request under the circumstances. There isn’t any reason why you shouldn’t expect an approval, especially if you include solid evidence regarding your grandmother’s situation.
Carl Shusterman's answer If you remain outside the US for 180 days, there will arise a rebuttable presumption that you have abandoned your permanent resident status. Bring a letter from your employer about your 6 months temporary assignment abroad in order to overcome this presumption.
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