Arizona Recent Legal Answers from Lawyers

It is ver important that your husband does NOT re-enter the United States illegally. An illegal re-entry after accruing years of unlawful presence will cause irreparable harm to his ability to immigrate. To start the process, you will need to file a Form I-130 on behalf of your husband. Once the petition is approved, your husband will complete an immigrant visa application. He will be interviewed at a U.S. Embassy or Consulate regarding the application at which time his application will be denied due to unlawful presence and he will be asked to file a waiver. You can start preparing this waiver in advance of the interview, but it cannot be filed until the consular office determines a waiver is necessary. This waiver is based upon extreme hardship to you if your husband is not allowed to immigrate. USCIS will look at both the hardship you would suffer if you live apart and if you went to Mexico to live with him. This is a complicated matter. I encourage you to work with an experienced immigration attorney. You can click on family-based immigration to learn more about the process. ... Read Answer

You cannot get your court order. For just about every jurisdiciton in US, if your marraige certificate changed your name to married name. That is a valid name change. You can file a petition to change your name in a court of local jurisdiciton and get the court order this way but it will not be as part of the adjustment of status process. ... Read Answer

Yes. Usually these warrants are quashed once counsel is retained by filing a Motion to Quash. Then, the Failure to Appear misdemeanor is often dismissed as a part of a resolution of the underlying charge from which the FTA originated. Most courts allow such resolutions via telephonic hearings.... Read Answer

Voluntary departure is considered a relief. It is something that can be given in lieu of removal, exclusion or deportation. However, failure to leave the US during the time of voluntary departure means that in lieu of such, the individual will receive that order of removal, exclusion, or deportation. Failure to leave during the period of voluntary departure incurs other penalties, of which one is inability to adjust status for 10 years even if otherwise eligible to do it. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read Answer

While the Department of Labor does not wish anyone to make any changes on the 9089 form while it is being processed, that prohibition against making changes does not apply once the form has been approved. If you made a mistake on putting in the date of signature on the approved form, you can strike it and write in a new date with your initials as you suggest. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

It is illegal to file for a reentry permit from abroad. The form instructions clearly require that the applicant apply when he or she is physically in this country.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

As this is a mistake of the immigration inspector at the airport, you should go back to an international flights airport to the deferred inspection section run by Customs and Border Protection, explain your situation, bring out whatever documents that you have, and try and have your problem rectified.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

More information is necessary such as the title, when this occurred, valuation, etc. You should seek a consultation with a probate litigation attorney as soon as possible. There may have been notice procedures that needed to be followed, there may have been something about the title for which you were unaware, etc.... Read Answer

He has not given you any type of notice that he will vacate. A notice that he might vacate is not a notice that he will. If you tried to evict him he could legally defend by saying he never said definitely he would leave. He may have changed his mind. Contact him and find out his intentions. If he gives you a written notice you receive 9/20, he can move out without having to pay more rent after 10/19; the notice does not require the move out date to be the same part of the month as when the lease began.... Read Answer

In order for your wife to change status from F-2 to F-1, she needs a valid passport. Assuming that she gets a new one, she is allowed to change her status as long as she proves that she is still in legal F-2 status at the time of the request. If your wife does not have an I-94 entry/exit card, she can go online to the CBP (Customs and Border Protection) website to print out her entry information, and submit that along with other documentation including her dependent I-20 form. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If  medical records support conditions that you are disabled, you can apply for disability with the Social Security Administration.  You can move forward with your disablity applcation  You can apply in person, by phone (1-800-772-1213), or online.  If you are denied, seek competent counsel by going to this link and finding someone near you.  Hire counsel now if you feel uncomfortable proceeding alone or due to your health are not up to the task. Submit copies of what records you already have.  Give a complete list to SSA of your health care providders, clinics and hospitals and SSA will obtain them for you.    ... Read Answer