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LiemLaw

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  1. You're right. I meant a drug conviction has no waiver. In any case, you should retain an immigration attorney who does this stuff everyday to represent you. This kind of is hard enough and to try to explain every little step of correspondence with them (when the professional does it automatically for his living), is just too hard. You need the attorney's expertise in presenting evidence to advocate your position: just saying "I've been clean for 3 years" is not proof of being clean. That's just an unsubstantiated statement. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our blog site http://GuruImmigration.wordpress.com for more details.
  2. How was she "brought" here? If illegally, meaning crossing the border without inspection, then unless she's under 19, she cannot ultimately get her green card here but must leave the U.S. and apply in her homeland, which will trigger the 10-year bar against her when she leaves. Unfortunately, there is no excuse just because someone came illegally as a child with their parents. You can file the I-130 for her but all that does when it's approved is to establish that she is the wife of a U.S. citizen (assuming you're a citizen). But the 10-year bar is a huge problem. One can get an extreme hardship waiver but it's a crapshoot. Read my blog article on the topic. Now, on the other hand, if she was brought here by her parents with a visa (was inspected at entry), she can get her green card here, and many forms, besides the I-130, are used to accomplish that. See my article on this type of "easy" case. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our blog site http://GuruImmigration.wordpress.com for more details.
  3. LiemLaw

    10 year ban

    Well, you have to petition for him with an I-130 and then once that is approved, he applies for the green card at the consulate in Juarez where they will require him to file an extreme hardship waiver. There are many factors that go into the extreme hardship determination, and you have to lay out evidence to prove each factor. The hardship is to you, the U.S. citizen wife. Obviously, a lawyer is highly recommended to do it professionally for you to maximize the likelihood of success. Read my blog article about this topic. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our blog site http://GuruImmigration.wordpress.com for more details.
  4. A K-3 visa is filed for a foreign spouse who is in the foreign country to try to join the citizen spouse here to wait for the approval of the I-130 that is pending, so I assume your husband is in Mexico currently. It appears that the I-130 has already been approved and that's why he had the green card interview at the consulate in lieu of the mistaken K-3 interview that you didn't have to go to. In any event, perhaps the gang affiliation could be disputed but it's the drug use that he admitted to using that will prevent him from being admitted to the U.S. It doesn't matter that he's been cleaned for three years. If the I-130 has been or will be approved, he could try applying again but without any evidence disputing the drug use (which he admitted), it seems to be a waste of time (or would require enormous money and resources to fight the case). There's no appeal. This has nothing to do with double jeopardy since this is not a criminal case. An attorney would have to consult with you to see what, if anything, can be done, since the facts are sketchy here. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our blog site http://GuruImmigration.wordpress.com for more details.
  5. LiemLaw

    immigration

    No, not directly. If you want to appeal your case from the Immigration Judge, you must appeal to the Board of Immigration Appeals (BIA), and then if that fails, appeal to the U.S. Court of Appeals for the circuit the Immigration Court proceedings were held in, and then to the U.S. Supreme Court (extremely unlikely). The Attorney General can take up a case from the BIA and vacate or reverse it, but that is rare, and only to make policies on certain sweeping immigration issues, not so much with individual cases. Besides, as mentioned above, if the alien has a problem with the BIA's ruling, he or she brings it up on appeal with the Court of Appeals, not with the A.G. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our blog site http://GuruImmigration.wordpress.com for more details.
  6. You mean you're here on a student visa? No one jumps from being a foreigner to U.S. citizenship. You have to find a way of getting a green card first and have that for 5 years (3 years through marriage route) before even trying to apply for citizenship. There is no way of getting a green card through starting businesses unless you're willing to invest $1 million in a business that creates 10 jobs for U.S. citizens or green-card holders. Now since you're a student I doubt you have that (unless you yourself or parents are extremely wealthy!). Most people get green cards by being petitioned by a very close family member or by a U.S. company offering a permanent job. The problem is the years of waiting in most of these categories, except through marriage to a U.S. citizen. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our blog site http://GuruImmigration.wordpress.com for more details.
  7. "-I dont understand they did not mention about my biological father (a USC at birth) on the review summary." You appear to be hung up on this point. USCIS knew your biological father and your adopted father was the same man. That's not why they denied your N-600 (which is exactly the application I suspected you applied for although you did not mention it the first time you posted the question). They denied it because of Section 321. I don't know how long ago you filed the N-600 but Section 321 of the Immigration and Nationality Act (INA) is a now repealed section of law, i.e., it's no longer valid since February 2001. It was replaced at that time with other amended sections of law that are fairly similar. Your application was decided under the old Section 321, and under that old law, to receive automatic transmission of citizenship at your birth through your father (even though you were born in the Philippines), you must have applied for the N-600 and taken the oath of naturalization before the age of 18. If you didn't do that by 12-11-1976, then it was too late. As I said before, this is not something to be played around with by self-help. If I had applied for you, I would not have proceeded under the old Section 321, but under Section 301 of the INA: there IS a way for you to get your automatic citizenship by showing that your father was physically present in the United States for a period or periods totaling not less than 5 years, at least two of which were after attaining the age of 14. You could still apply under this basis. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our website www.GuruImmigration.com for more details.
  8. An alien in the U.S. illegally who is being prosecuted for a crime will many times have an "immigration hold" placed upon him or her, meaning that after the criminal matter is finished (after the jail or prison sentence), he will not be released back to society, but will be released to the custody of the Immigration authorities for removal proceedings (used to be called "deportation proceedings," but that's an obsolete term). But immigration matters are not the first concern at all for now until way later. The main concern now for your husband is to get the lightest criminal sentence possible. Whatever sentence the local criminal court decides to give him (jail time or probation) is a criminal matter, and has nothing to do with immigration. It's whatever his criminal defense lawyer (or public defender) can make a deal or plea bargain with the prosecutor. After he pays his debt to society for the crimes (probably in this case just fines, short jail time, or probation), then it's up to ICE to decide whether to place him into Immigration Court removal proceedings if his crimes are not too serious (driving without license and driving under the influence are not serious). But, if he's illegal in the U.S., they may decide to initiate removal proceedings anyway. At that point, he would need to retain an experienced immigration attorney who has experience in defending removal cases and guide him as to whether there is any possible relief against removal. Even with U.S.-born children, a person could still be easily removed from the U.S. unless there is some form of relief that the person could qualify for, but only an attorney can advice your husband about that, and to fight for him in court. Larry L. Doan, Esq. Be sure to visit our blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) - experienced removal defense attorneys Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit our website www.GuruImmigration.com for more details.
  9. The 28-month trip probably broke your continuous residence in the U.S. You could try and apply and claim that your residence was maintained in the U.S. throughout that time despite you're being outside the U.S., but without a lawyer advocating for your position, it will probably be denied. The requirement is, of course, continuous residence in the U.S. for at least 5 years immediately preceding filing of naturalization, and at least 30 months of physical presence in the U.S. during those 5 years ("physical presence" not the same as "continuous residence"). If the naturalization application is denied, then you'd have to wait 5 years from the time of your return. Larry L. Doan, Esq. Be sure to visit my blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  10. Your father probably adopted you because he was not married to your mother and that's what Philippines law probably required at the time. "i dont understand why they denied my application for us citizenship." What did you apply for, the N-600? If yes, then you should know the N-600 Application for a Certificate of Citizenship is a complicated application requiring lots of specific evidence when the child was born overseas to a citizen father and an alien mother, especially when birth was outside of wedlock. USCIS may have denied you simply because of lack of proof. They did not deny merely because you were adopted by your father. Only a trained immigration attorney can look at what USCIS wrote as the reasons for denial and see if you could try applying again. If, on the other hand, you tried to apply for a green card through your father's petition for you, then you probably already know that when the petitioner who's a parent dies, the petition does not have validity anymore and must be denied. Larry L. Doan, Esq. Be sure to visit my blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  11. Yes, you can file for a fee waiver of the $340 filing fee per person for employment authorization. But that involves some work. You have to follow the instructions and fill out a budget form, showing what your monthly income and expenses are. Only if you have little income will the fee waiver be granted. It seems to me your more immediate problem, however, is to get a good immigration attorney in removal proceedings in Vegas to defend you, if you don't have one already. Good attorneys cost money. Larry L. Doan, Esq. Be sure to visit my blog - http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  12. To Fallen: The burden is always on the applicant in a marriage case to prove that the marriage is not a sham marriage. Especially here when the couple divorced before the alien spouse has filed the required I-751 to remove the condition on the 2-year green card. Jeff, Your marriage to her is irrelevant as far as her green card. Even if she were an illegal alien crossing the border to the U.S., she (and you) are free to marry anyone she chooses. It doesn't matter how fast or how slow she marries you as far as removing the condition on her 2-year conditional permanent residence in order to make it permanent (it is NOT a 10-year permanent residence as popularly misunderstood, it is permanent permanent, 10-year is only the nominal time to renew the card, but the permanent residence is forever). To remove the condition, the couple normally must file the I-751 Joint Petition together to prove it's still a bona fide (real) marriage. If she's divorced, then she must apply for a waiver and still must prove the original marriage was bona fide. A few photos and a joint tax or account may be sufficient but will probably not be sufficient on a pro se (self-represented) case, especially on a difficult waiver case. agree with Fallen that monkeying around with this will lead to denial and your girlfriend will face removal proceedings. It is highly recommended that your girlfriend contact competent immigration counsel to handle her case. Larry L. Doan, Esq. Be sure to visit my blog. http://GuruImmigration.wordpress.com www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  13. LiemLaw

    deported

    GuessAgain's answer is not quite correct as far as when there is a lifetime bar. Your husband was removed and has presumably stayed out of the U.S. for the past 6 years. There is no lifetime bar against him coming back unless he was convicted of an aggravated felony. You didn’t specify what type of crime he was convicted of. Also, there would be no lifetime bar unless he decides to return illegally to the U.S. and is caught at the border, or makes it successfully and then tries to apply legally for his permanent residence from within the U.S. If he was not convicted of an aggravated felony before and this was only his first time being removed, then there’s a 10-year wait outside the U.S. before he could apply legally again (such as through a family petition). However, before the 10 years are up, he could try to apply for “consent to reapply for admission” with USCIS, which will be difficult to get, but one can always try. Only a consultation qualified immigration attorney could straighten out the exact immigration history of someone like this and give the correct advice. Larry L. Doan, Esq. http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  14. I don't think there's a way of overcoming the ground of felony drug trafficking, which is an "aggravated felony" under the immigration law. He's lucky they have not even initiated removal proceedings against him (yes, green card holders can be removed from the U.S. when they commit serious enough crimes). Military service is a positive factor but, unfortunately, does not overcome this very negative factor. Larry L. Doan, Esq. http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  15. Check with an accountant or tax preparer.
  16. Obviously you must already have a green card before you could apply. It's 5 years. You cannot apply faster. Larry L. Doan, Esq. http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  17. First of all, the proper application is "adjustment of status" to permanent residence ("change of status" is changing from a temporary visa, like a tourist visa, to another temporary visa, which you don't want him to do). One can travel during the pendency of an adjustment application (which will take about 6 months to complete in most cases) with permission from USCIS but only for emergent personal or business purposes and designed for one or two trips at most. If he's working outside the U.S. all the time then coming back and forth, then that might be possible, but could run into problems. But adjustment is for people already present in the U.S. The majority of immigrants in the world are not in this country prior to immigrating here; they do not file for adjustment of status. They do it the usual way, which is, they wait until their relative’s I-130 petition for them is approved, then the file is forwarded to the consulate in their country, and they follow instructions to prepare for the interview there. Your boyfriend can do the same, and go for the interview in Oslo to get the immigrant visa (permanent residence). There's nothing difficult. The immigrant's income can be used in combination with your income as long as it's not derived from unauthorized employment in the U.S. Or, a joint sponsor who's a citizen or legal permanent resident can be used in combination. A qualified immigration attorney to handle your case is highly recommended to prevent delays which usually happen with self-help. Be sure to check out my blog with useful immigration info as well as our site. . Larry L. Doan, Esq. http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  18. Let's try that link again for the blog article I mentioned, "I'm Illegal, I Can Still Get a Green Card by Marrying My U.S. Citizen Boyfriend or Girlfriend?"
  19. I should have mentioned2 that if you marry your boyfriend, you could petition for his kids to immigrate here as your stepchildren. However, he would still be unable to get his permanent residence unless he travels to Juarez and risk the 10-year bar. Larry L. Doan http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  20. LiemLaw

    Mr.doan

    You should know that a family-law attorney may not know how to represent your husband in the criminal matter in a way that would prevent worse immigration consequences for your husband later on. At the least, that lawyer should consult with a knowledgeable immigration attorney when working out the details of any possible plea bargain. Larry L. Doan www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  21. Trips longer than one year will result in loss of permanent residence. More than six months to a year is OK, but frequent trips of that duration will result in questionings and hassle at the airport from immigration inspectors on the way back. Trips less than six months are safe. If you intend to stay longer than a year and not have to worry about losing your green card or problems when coming back, there is a type of permit that could be applied for. Contact my site for more info. Larry L. Doan http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  22. LiemLaw

    advance parole

    OK, let's try this again. You can travel on either one. Those who receive advanced parole may travel during the pendency of their adjustment of status case and be readmitted to finish up the adjustment case. Alternatively, if you have the H-4, you can be readmitted on that, as long as you carry documents showing your wife's H-1B continues to be valid, that she continues working for the same petitioner in valid H-1B status. However, the act of departure from the U.S. will trigger the 3- or 10-year bar against you if you had accumulated more than 180 days of unlawful presence in the U.S. prior to filing for adjustment. You can be readmitted but at the adjustment interview, if the bar is invoked against you, that could result in denial of the adjustment. Larry L. Doan http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  23. Your question is quite confusing and you would have to clarify. Her citizenship is determined by where she was born. Was she born here or in Mexico? If born here, then obviously she's a U.S. citizen. Secondary documents can be used to prove birth when a birth certificate is not available. You said she has a social security card at first but then later you said she "cannot apply for Social Security and Medicare since she does not have a Birth Certificate." How could she have obtained a social security card in the beginning unless there was proof she was born here or an alien authorized to live and work in the U.S. back when she got that card? The SSA doesn't issue a social security number to illegal aliens. If she has a SSN card, then that means somewhere the SSA has records that she was born in the U.S. or she immigrated here legally. They would have to issue her social security benefits in that case. If she was born in Mexico, then she's Mexican and simply is someone who's managed to live her illegally for 60 years. She would have to find a way to get a green card first for 5 years before becoming a citizen. There is a way to do that. Larry L. Doan http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  24. LiemLaw

    deportation

    Since you have been bonded out, I presume you already have the next court date scheduled in your removal proceedings. Overall, the lawyer is correct. With one felony drug possession conviction, you may or may not be an aggravated felon (AF), but with two such convictions, you are an aggravated felon for sure. Being an AF bars any possible form of relief in Immigration Court, unfortunately. Larry L. Doan http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
  25. No, he will have 10-year bar against him, not a 3- or 5-year bar, since he's been more than 365 days illegal in the U.S. as you stated. A border crossing card is just a tourist visa and there is no way they're going to give him such a temporary visa if he's been illegal that long in the U.S. Marrying you could work but he would have the 10-year bar applied against him in Juarez and risk not coming back. He could apply for the extreme hardship waiver with Juarez, but with kids in Mexico, the balance of equities favor his life there, not here. You can read about 10-year bar in my blog here. Larry L. Doan http://GuruImmigration.wordpress.com (blog) www.GuruImmigration.com (click on Contact Us) Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.
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