Oklahoma Recent Legal Answers from Lawyers

You can start the process at any time after marriage. If your husband entered without inspection (such as crossing the border illegally), he will not be able to adjust his status to lawful permanent resident in the United States. He will need to obtain an immigrant visa in Mexico. He may qualify for the provisional waiver program. This will allow him to obtain an unlawful presence waiver prior to departing the United States. This waiver is designed to minimize the length of separation. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

There is no termination of a father's rights in OK except by court action. It would have to be in the best interest of the child, not the mom or the mom's lover, long term or otherwise, before one can terminate the father's rights Father is now showing he wants to be involved. He s likely to get that opportunity.... Read Answer

With respect, why would you want a DIY prenuptial if you are not aware of the requirements to properly draft one. You would place all you seek to protect at risk. I encourage you to not go down that path. And, be aware you can not prevent the other party from seeking legal advice before signing. All the more reason you need counsel.... Read Answer

Your question is not a matter of immigration law but rather family/matrimonial law in the state where you reside. You may be able to use an alternative method of service if you cannot locate him. You may also simply be required to serve him at his last known residence. Speak to an experienced attorney in Oklahoma. If you previously petitioned for him, you can withdraw the petition if still pending or notify USCIS of your suspicions of marriage fraud. ... Read Answer

If you want him home before a trial is commenced or before a plea not resulting in incarceration is entered, then someone has to post his bond. They are not likely to release him otherwise if they have not already done so. Most first timers do not have high bonds or remain in jail for 5 months. It may be flight risk that warrants the high bond. It happens. His public defender would know if there is something more, but s/he is not obligated to speak with relatives fo a client, and in most instances, can not share certain information.... Read Answer

It can take sake awhile to receive a court date. The immigration courts across the country are extremely backlogged. That being said two years is a long time. It could be that DHS never filed the Notice to Appear with the Immigration Court. There are steps that could be taken to determine what the delay. How you would proceed will depend upon the reason for the delay. If you do not believe your attorney is being proactive, you should at least consider consulting another attorney for another opinion. You can read more about removal proceedings at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Is the divorce final? If not, he should focus on finalizing the divorce. Was your fiancé previously in the United States? If so, for how long? What was his immigration status during this time? This information is needed to determine the options available. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

If you do not have counsel, fix that.?If you do have counsel, you need to address all questions to him/her. 1st time offenders typically go on short leashes and jump through hoops on command, rather than end up incarcerated. Jumping through hoops beats having a cellmate who thinks you are a gifted toy from outside friends.... Read Answer

If this is about her safety and not your desire to be with her, involve professionals, e.g. police and/or DHS. At 16, she is legally under the authority of her parents. You don't have a legal basis on your own to make decisions for her or help her circumvent the legal authority of the parents because she or you disagree with their decisions.... Read Answer

Unfortunately, your status terminated by operation of law upon termination of employment regardless of what your I-94 states. Your authorized stay is tied to your employment. There is no grace period after termination. You are expected to depart the United States immediately. You and your spouse are accruing unlawful presence. You should depart the United States as soon as possible. You can attempt to return later if a new job opportunity comes up. You will be subject to a bar to admission once you have accrued 180 days of unlawful presence. You can read more about work visas at http://myattorneyusa.com/work-visas.... Read Answer

Hire counsel for your son. Do it today. Police do not look to speak to 16 year olds or want to search their rooms out of plain old boredom. There is either something you do not yet know or they are looking in the wrong place. For either scenario, the lad needs counsel now. Do not wait until after a charge is sought.... Read Answer

You may marry while she is here but her and her son may not remain in the United States. Your wife and stepson would not be able to adjust their status in the United States if they failed to maintain status. Failure to maintain status is only forgiven for spouses of citizens. Your family would have to live without status until you naturalize. It would be better for them to seek an immigrant visa abroad. You can file immediately after marriage. The process will take about 18 months. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The short answer is yes. While the guardianship order remains in place and valid, the Guardian is the person legally in charge of the minor. Get yourself counsel, as has surely been presented to you as your best move, and seek relief through the court within the existing guardianship proceeding.... Read Answer

If your spouse desires to adopt your child, hire counsel and begin a step-parent adoption. If the bio father hasn't seen the child in over 14 months, and hasn't paid support is 12 of the the most recent 14 months, you can seek to proceed without his consent. He is still entitled to notice, and can contest the adoption. He may or may not. It does not sound like he has a lot of room to make a case. If you have been married over a year, you may be able to waive the home study, saving some of the expense involved. Other than that, the only other way to remove his parental rights is via state action, and they are not likely to get involved in your situation.... Read Answer