Hawaii Immigration Legal Questions

  When you are just about to or have moved to your new residence, you should notify DHS by submitting form AR -11. You can type in "AR-11" on the Internet and it will lead you to the DHS website and the procedure to do such. Alternatively you can go to our website at www.AlanLeeLaw.com which has a link to the DHS website for AR-11 notifications. 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

Your wife's mother or daughter can apply for a visiting visa to come to the US for that purpose. The question to an American consular officer will be whether the family member actually intends to only stay for a reasonable period of time and to return to the home country at the end of the visit. The family member must prove that she has non-immigrant intent. 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 you will be married to a US citizen, time is not really an issue as overstayed individuals remain eligible to adjust status. DHS will not try to put you under removal proceedings unless you are a figure of concern to the agency. You are supposed to file both I-566 and I-508 with the I-485, but the failure to file initially will likely not be penalized, and U.S.C.I.S. will usually ask for the missing form(s) in a request for initial evidence. 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

When a case is returned to the NVC, it is usually thereafter transmitted to U.S.C.I.S. which looks over the basis for rejection at the US Embassy or Consulate. If it believes that the reason was wrong, it could reaffirm the approval and send the case back to the US Embassy or consulate for further processing. If it believes that the post may be or is correct, it will send the petitioner a notice of intent to revoke the petition. Since you are complaining of an NVC return in 2013, you may wish to check with the petitioner to see if anything was received. If nothing was received, the petitioner or you should check on the case with the NVC to see what happened. It is unusual that the NVC would hold the case for four years without action.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

t would be fairly difficult for U.S.C.I.S. to deny your spouse's removal of the conditional basis of his residence status since you have a common child. U.S.C.I.S. is mainly concerned with whether there was a bona fide marriage and not one done for favor or profit. A child together is strong evidence of a bona fide marriage.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

This is a situation where you really need to hire an immigration attorney. Your boyfriend may have possessed a visa valid for ten years but that does not mean he could stay here for ten years. His status likely lapsed much longer than two years ago. His criminal history is concerning especially the drug possession. You will likely not be able to contact him directly at this time. You should contact Immigration and Customs Enforcement to find information about where he is being held. This will help you determine how you can contact him. ... Read Answer

Was the petition previously approved by USCIS? Were you notified that file was returned to USCIS for revocation? You will need to submit a request for humanitarian reinstatement. There is no form or special format that must be used. You will need to submit a new Form I-864 from a substitute sponsor. A substitute sponsor must be (1) U.S. citizen, national, or lawful permanent resident; (2) at least 18 years of age; and (3) the beneficiary's spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. In addition to a Form I-864, the beneficiary should submit evidence that a favorable exercise of discretion is warranted including: (1) impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); (2) advanced age or health concerns; (3) lawful residence in the United States for a lengthy period; (4) ties or lack thereof to your home country; (5) other factors, such as unusually lengthy government processing delays; anD (6) any and all other factors you believe weigh in favor of reinstatement, with supporting documentation. I encourage you to work with an attorney.... Read Answer

There is no way to expedite an immigrant visa for an unmarried child over the age of 21. The backlog is approximately 7-8 years from the date of filing. The child and parents must be patient unless the child has another way to immigrate.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.   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

There are only a few limited options to immigrate to the United States without a United States citizen, lawful permanent resident or United States-based company sponsoring the alien. The options include immigration through the diversity lottery, investment, or if the alien was a vicitm of certain qualifying crimes. You can read more about what immigration options may be best for your friend by contacting to an immigration attorney.... Read Answer

Although Hawaii is a "damn good place to be polyamorous", Federal law is not. Intending to immigrate to the USA for purposes of engaging in Polygamy would make your new "wife" inadmissible and ineligible for an immigrant visa. Lying about the intention would make her both inadmissible for material misrepresentation - that one lasts for life - and deportable eventually as inadmissible at the time of entry.    Inadmissibility... Read Answer

Domestic violence charges are very serious. Your husband may be facing removal proceedings depending upon the language of the statute under which he was convicted. To assess the likelihood your husband would face removal proceedings and what relief, if any, he could seek from removal, an attorney would have to review his entire criminal and immigration history. You and your husband are strongly encouraged to get copies of his criminal records and consult an attorney. ... Read Answer

Attorney fees depend on the attorney, his or her experience and knowledge as well as the geografic area in which attorney's office is located. You will have to reach out to attorneys and ask how much they charge one by one. Government fees depend on whether you seek a status change or a visa at the consulate. For status change you can look up the fees on www.uscis.gov. For E2 visa cost at the consulate you can look up fee schedule on the DOS website, travel.gov. For more information on the E2 visa and research please visit:   http://myattorneyusa.com/immigration-law-and-practice/nonimmigrant-visas/work-visas/e-1-treaty-trader-or-e-2-treaty-investor-visa-programs   and   http://myattorneyusa.com/immigration-law-and-practice/nonimmigrant-visas/work-visas/e-1-e-2-and-e-3-visas-overview... Read Answer

If an individual has a current visa status at the time that he or she files an I-485 adjustment of status application with U.S.C.I.S., he or she is allowed to remain in the country pending the determination. He or she will also not accrue any illegal presence which would subject an illegal individual to 3 or 10 year bars upon return during the time of the adjudication. If the I-485 is denied and you leave the country before 180 days have passed, you would be able to come back into the country without a time limit or bar as long as the U. S. consulate consents to give you another 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 Answer

When your mother is interviewed for the immigrant visa, she should have proof of the date that she left the U. S.; and proof of where she has been and what she has been doing ever since she left. I do note that consular officers have been known to ask for items which may not be tremendously relevant where prior deportations are concerned in the interest of caution, but where there is no fraud or criminal charge or other bar, no further forms nor waivers should be necessary.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

The US accepts the concept of dual citizenship for people for most countries of the world and especially our allies such as Australia. As part of the naturalization interview, you will of course be asked to support the Constitution and all US laws, and you will also have to swear an oath of allegiance to this country before you are given US citizenship. The N-400 form is the correct one to file for naturalization. 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

There are multiple questions here, like how long you overstayed, when you returned, the reason for the overstay, whether you are barred from returning through the 3/10 year bar, the recency of the violation, etc. If you only overstayed the period of illegal stay by a small amount of time, that might not be seen as such a large violation by a consular officer. On the other hand, an overstay of for example over 6 months, especially recent, might be more of a cause of concern. Also if there are medical records that would indicate that it was absolutely necessary for your daughter to remain in the U. S. for medical treatment, a consular officer might be more sympathetic to give a new visa than if there is a questionable record of medical necessity. Other questions that a consular officer may have are how the medical treatment was paid for in the past and how it will be paid for at this time, and what you and your daughter were doing inside the U. S. during all this time of overstay.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

You are not very clear on what your current status is, or why you are traveling back and forth to Manila. The one sure way to avoid this type of customs incident is to become a U.S. citizen. If you are a green card holder, and have had your card for at least five years, you may be eligible to apply. If your offense was done while you were a minor, and is over five years past, it may be asked about, but a good lawyer would be able to guide you through to a positive result. Meanwhile, use your common sense and avoid carrying pornography (or any other contraband) across international borders. ... Read Answer

There is no set timeframe that the government must follow, they will make their decision in their own time. Asylum applications from Hawaii are taking extra long at present becuase the asylum office in Los Ageles is very backlogged and has delayed Asylum Officer visits to Hawaii. A recent case I worked on took over a year from the time of interview to the decision. Attorney fees will vary greatly depending on the circumstances of your case. There is rarely a "standard" case for asylum, and some cases will require much more time in research and development of evidence than others.  If you are looking for a broad range, I would guess that a reputable asylum attorney will price an asylum case somewhere between $5000 and $15,000. To get a closer estimate than that you will need to pick a lawyer with the level of experience you are comfortable with, and then explain your case in detail.... Read Answer

An employer who hires a person without identity in the US will usually be fined an amount for the illegal hire. If it is discovered during the time of investigation that there are other undocumented immigrants or paperwork violations, more fines could follow. In the event that illegal hiring becomes a pattern with a particular employer, fines and the possibility of criminal penalties could follow. 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

A B1/B2 visa is for visitors to the United States. If Customs and Border Protection (the passport inspectors at the airport) observe by the amount of time you are spending inside the U.S. that you are using the visitor's visa to reside inside the U.S., you risk having your visa cancelled. There is no "magic number" of days inside or outside the U.S. that will allow a B1/B2 visaholder evade this analysis.  The officers will make a case-by-case evaluation of a number of factors, and will enforce the law accordingly. In my experience, they are pretty effective at it. If you are looking for a way to increase the time you can spend in the U.S., find a reputable immigration attorney and make an appointment for an initial consultation.... Read Answer

As a U.S. citizen, you are entitled to go to the U.S. Embassy to renew your passport. This will give you authorization to re-enter the U.S.  If you are asking for the government of the Philippines to deport you to the U.S., there is no process that anyone in the U.S. can access that has any influence over what a foreign government will do in that situation.... Read Answer