Washington Recent Legal Answers from Lawyers

Your question cannot be easily answered. The length of removal proceedings can be days to years depending upon factors such as reason for initiation of removal proceedings, location, relief from removal, and more. It is not clear what you are asking. Each alien is given an individualized hearing on his/her ability to stay in the U.S. Depending upon the circumstances, many cases could be considered in a day or only a couple. Anyone who is in the U.S. without legal status can be placed in removal proceedings regardless of age. ... Read More

We do not know whether you will be a priority for deportation or not until Donald Trump has taken office and announced a formal policy. He has changed his policy on immigration so much over the campaign that it is difficult to predict what he will actually do. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read More

Probably not unless the house is his separate property and even then, it's unlikely. You will have to pay the mortgage on it (if any) if you're living in it. Since he is in jail and likely will be for a long time, it's unlikely a judge would allocate use of the house or the house itself to him if you want it.... Read More

It is too late to relitigate the divorce including support etc. Since the IRS isn't going after you for taxes left unpaid during the marriage, you have no issue. Everything else is post divorce and therefore you have no right to it and he has no responsibility toward you with regard to maintaining the house etc. You need to seek other ways of supporting yourself. Nothing more can come from the divorce. marriagelit... Read More

The best way would be for the LPR to become a US citizen and to petition under that category. Failing that, some other options could be through the immigration investor EB-5 program if your spouse has the wherewithal to invest, or he might qualify for a working category with dual intent such as H-1B specialized worker or L-1 intracompany transferee. Also if your spouse is an extraordinary alien in a specific field, he may be able to qualify under an O-1 nonimmigrant visa or EB-1A immigrant visa.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 More

First, there can be no termination proceeding under these circumstances until an adoption is filed. Is it your plan to get married? This would show a more stable relationship and thus make it more likely that the home study would recommend adoption and termination. A court can order termination if it finds it to be appropriate under the circumstances. If you were married, you'd have a strong case. Right now you have a less strong case. You don't say if there is a child support order. If there isn't one, why haven't you gotten one? The father has no obligation to pay if there is no order. Please consult with an attorney as your situation is complex.... Read More