SinCityMozart

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  1. Update: though we didn't feel the need to respond to the landlord, since ours was a termination notice - not a request for negotiations - we submitted a response indicating that moving out was not our choice, but that we were forced to do so due to the landlord's multiple breaches. We quoted Nevada statutes verbatim and showed exactly - once again - why the landlord breached. We quoted Nevada statutes verbatim showing the landlord that our remedy of terminating the lease is fully allowed and that, while we are under no obligation to provide a courtesy notice or prorated rent, we do so out of courtesy. Hopefully they will get the message.
  2. Thanks, Immigration_LawyerPE. There is a huge difference between entering with and without inspection.
  3. I concur with the notion that you need to consult with an immigration attorney who is well versed with how criminal law affects immigration. USCIS writes: "You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) .... If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident." Since criminal laws vary from state to state, there is a chance that his aggravated felony conviction may be the issue. It is possible to lose permanent residence status for certain misdemeanors and/or felonies. That's why you definitely want to consult with an immigration lawyer who is also knowledgeable on how criminal law impacts immigration.
  4. Sunshine: he shouldn't have re-entered. He has to wait his time and then hope he will be able to come in legally. Depending on the country of origin, he may have a very difficult time convincing a consular officer that his illegal re-entry had sufficient reasons for it. Simply because he wanted to be with his family is not a sufficient reason. You may want to consult with a different attorney and find out if the changes would apply to your circumstances. Generally speaking, a further illegal re-entry after a deportation is difficult to overcome.
  5. Jus soli and jus sanguinis. Birth on U.S. soil or on U.S. territories, U.S. military installations, embassies, etc. or by 'blood' - if one or both parents is/are U.S. citizen(s). I think that the issue of 'anchor babies' is a bit moot. A baby can't petition for his parents. The child has to be 21 years of age or older to petition for the parents. Even so, there are the usual problems with entries without inspection, overstays, 3/10 yr. bars, waivers of inadmissibility, etc.
  6. Find a competent immigration attorney to advise you. If your status has expired, then you must leave the U.S. unless you can procure an additional visa or you are entitled to a status that allows you to remain in the U.S. The longer you remain in the U.S. out of status, the more likely you are to be jeopardizing your future chances for other immigration benefits. If your facts are correct, then your ex-wife has committed bigamy, which is a violation. It's not clear whether you pursued adjustment to LPR based on the marriage. There are many questions from your post that would need to be asked. A good lawyer can certainly do that.
  7. He has to wait for the full 10 years to pass. Then, he must apply in advance for admission. He can't just come over and let bygones be bygones. The best answer for you is to find a good immigration attorney who can advise you on what steps your husband may take once the 10 years elapse.
  8. Have you applied for the Deferred Action for Childhood Arrivals program? You can apply if: Were under the age of 31 as of June 15, 2012; Came to the United States before reaching your 16th birthday; Have continuously resided in the United States since June 15, 2007, up to the present time; Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS; Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012; Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Note that if you are approved for DACA you will not obtain any immigration status at all - however, you can apply for employment authorization. Unfortunately, so far the law has absolutely no remedies for someone who entered the U.S. without inspection - regardless of the age of entry. Even by marrying a U.S. citizen, you are not allowed to adjust status while remaining in the U.S. The other option would be to request a waiver of inadmissibility (since entry without inspection is a bar to admission), but that may be a very difficult waiver to obtain and you do have to submit substantial evidence. Even if the waiver were to be approved (and, since you mention Mexico, that may be almost impossible to do), you may have to apply abroad. Although DACA does not give you any legal status, it will at least give you the ability to work legally for as long as the employment authorization is valid. Otherwise, Congress is your only option and, to be frank, I'm not so sure comprehensive immigration reform will be achievable. As always, I suggest that you find a good and reputable immigration attorney for advice. Please be aware that there are many attorneys who claim immigration as one of their practice areas, but may not necessarily possess the knowledge or skill.
  9. Spouse and I rented a pool home in Clark County, NV, in August 2012. Standard NV lease for 1 1/2 years. Landlord is out-of-state investor. Lease has provision that we are responsible for minor repairs below the value of $60 (ok with that). We were asked to communicate to landlord via e-mail any time an issue - minor or major - came up. Since the beginning there have been loads of issues too numerous to mention. A major one still unresolved: leaky water valve for pool which floods the area any time pool is filled, causing our water bills to be abnormally right. Then, landlord asked us to pay for their home warranty service call fee of $60 each time there is a major problem. Since our tenancy began, we have paid $360 in these fees for the various issues. At all times, landlord was notified immediately about any issue we encountered. We have kept all e-mails, pictures and communications. We noted our hot water was basically not available. We noted a leak around hot water heater. We notified landlord 10/22 about the leak and that we had called their home warranty and paid the $60 fee for a plumbing contractor sent by the warranty company. On 10/23, we notified landlord the plumber indicated the unit was in such a poor state of maintenance and so old (over 15 years of age and full of calcium deposits) that it needed to be replaced as soon as possible. In the same email we noted that the leak was causing mold growth in the tile grout and drywall by the water heater. The water heater was finally replaced on 10/30, 5 business days after our email informing landlord the plumber indicated replacement was necessary. Throughout this time, hot water was basically non-existent. On 11/15, we sent another email to landlord to again reiterate our concern with the mold and the terrible smell, asking that the problem be remedied as soon as possible. We attached pictures and we stressed that one of us has asthma. We also addressed other repair issues still unresolved. On 12/10, contractors came and replaced the moldy drywall, though we believe they may not have gotten the whole extent of the damage. Before the drywall was repaired, we took two test samples of the mold and submitted them to a certified lab for analysis. During the holidays, we consulted with an attorney who advised us we had grounds to terminate the lease due to landlord's breach of various duties and covenants, suggesting that we wait for the mold report as well. Atty also suggested we'd find another place prior to terminating the lease in case landlord retaliated by changing locks etc. On 1/8, we received the mold report, which indicated abundant concentrations of various types of mold (some of which can cause health effects in humans and/or pets), the most serious and concerning of which was a high concentration of stachybotrys, the infamous black mold. On 1/9, we wrote an extensive e-mail quoting the Nevada statutes regarding habitability and the various ways the landlord breached our lease agreement. We gave the landlord a 30-day notice and offered to prorate the rent up until the end date. We also indicated we'd be out a couple of weeks sooner so that landlord could show the home to others. We requested that our security and pet deposits be returned within 30 days from lease end (as per Nevada). On 1/10, the landlord responded by stating that we were the ones who breached the lease because we want to move and the issues have been repaired. Moreover, the landlord insisted that the time we had given was not sufficient for us to mitigate HIS damages. However, he'd agree to a termination date of April to keep it amicable. We are now trying to respond to his ridiculous statement. We feel we don't have to mitigate his damages because he breached his duties and obligations. The fact that we are moving is not due to our willingness to spend extra money on moving expenses, security deposits, etc.; rather, the conditions they created by not remedying serious problems affecting habitability (i.e.; mold) within reasonable times are forcing us to move. We also believe 30 days are sufficient under the circumstances and we believe that we have been generous in offering prorated rent. FYI: we have excellent jobs, credit profiles, and payment record. None of the issues is/was due to our conduct, our pets or guests. Any ideas or thoughts?