North Dakota Immigration Legal Questions

You have a very general question that cannot be answered without knowing your particular situation. You should seek consultation with an immigration lawyer. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Visiting and H-2A visas are given in the discretion of an American consular officer based upon the officer’s perception of whether the visa applicant has sufficient ties and bonds with the home country and whether the individual will return to the home country at the end of the period of stay. In your case, it appears that the officer had the perception that you would remain in the US if he/she gave you a visa since you have children in this country. You can try again bringing whatever proof you have of your ties and bonds with the home country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 may be able to self-petition for lawful permanent residence. You will need evidence that you entered the marriage in good faith. You will also need evidence that you were subjected to battery or extreme cruelty. This can include affidavits, police reports, protective orders, medical records, photographs, etc. The process will take approximately two years due to visa availability. You can read more at http://myattorneyusa.com/victims-of-violence-immigration.... Read Answer

You would need a waiver to re-enter the United States if you were previously deported. It is not clear from the information if you were deported. You indicate you were allowed to withdraw your application for admission, but at the same time, you were detained. Were you given any paperwork by CBP?  If you were not deported, you will not need a waiver. You could simply apply for s new visa. Whether such visa wil be granted will depend upon your eligiblity and ability to establish ties to your country.  You can read more about work visas at http://myattorneyusa.com/work-visas.... Read Answer

You cannot convert lawful permanent residence to a 10-uear B-2 visa. Your parents need to apply for a re-entry permit. This is the best way to prepservce residence, but as you noted it is not a guarantee they will not be deemed to have abandoned their residence. Your parents would likely face difficulty obtaining B-2 visas in the futre if they abandon their residence unless they can establish very strong ties to China. ... Read Answer

You will need to submit a written request to USCIS asking for Section 204(l) Relief. This Request must include the following information: (1) your name and your deceased spouse's name; (2) your alien registration number (A number), if you have one; (3) your deceased spouse's A number, if he/she had one; (4) the receipt number on your petition or application; (5) your spouse's death certificate (a certified translation is required, if not in English); (6) proof of your residence (examples include, but are not limited to: lease/mortgage, utility bills, pay stubs, school records, etc.) at the time of your relative’s death up until the present time; and an affidavit of support from a substitute sponsor or an affidavit of support exemption, if applicable. You may also be able to self-petition as a widow. I encourage you to consult an attorney.... Read Answer

It is difficult to determine what the problem may be without reviewing the application. Delays in naturalization decisions are usually the result of prior arrests/convictions, failure to file in one tax returns, questions about whether you were properly granted residence, or completion of background checks. USCIS has 120 days to make a decision or otherwise request documents/re-interview. If USCIS does not act within 120 days, you may request the U.S. District Court consider your request for naturalization. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Most often a naturalization interview is cancelled, because your complete alien file was not received by the local field office or a glitch in the system resulted in over scheduling on a particular day. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

Hello. Whether he has a chance at staying in the US depends on several factors, how he entered the US, is he married to a US citizen, are his kids US citizens at least 21 years of age, does he have any criminal history,etc.. ICE may exercise prosecutorial discretion to allow him to remain here even if there is no legal means to apply for him to stay here. Please contact me for a free consultation to see if his particular case warrants a good chance at staying here.... Read Answer

The question is whether the religious marriage is considered a legal marriage in your home country. If so, you would be able to file the I-130 petition to begin the process of having him/her come over as your spouse. Very few individuals apply for the K-3 visa anymore because I-130 petitions for spouses of US citizens are being adjudicated within a reasonable time, and the entire purpose of the K-3 was to allow faster entry due to USCIS processing delays on the I-130 petitions. If the religious marriage is not recognized as a legal marriage, you may attempt to bring him or her over as a fiancé under the K-1 visa which is available to US citizens. A petition would be submitted on form I-129F to USCIS with proof of a bona fide relationship.  ... Read Answer

Dear Martin,   In order to answer your question fully, I would need to know the particulars of your situation.  First I would need to knowwhat your immigration status is.  I would need to know your entire criminal record, including any dismissed charges, and I would need to know all the details of your marijuana conviction.  The law you would be dealing upon returining to the US is the law on admissibility.  Conviction (or admitting the elements) of a drug crime, among others, can make a person inadmissible.  However, there is a waiver where the alien is requesting a waiver of only one such offense, where the drug is marijuana only, and the amount is 30 grams or less for personal use.  I  think you would be well advised to have your case looked at carefully before you depart the US.  If you want to consult on this matter with our office we can schedule a telephonic or in person consultation by calling (619) 291-1112. Best regards, Jan Joseph Bejar, Esq.   ... Read Answer

Section 201(b) of the Nationality Act, effective January 13, 1941, declared that persons born in the United States to members of an Indian, Eskimo, Aleutian, or other aboriginal tribe were nationals and citizens of the United States at birth. The Immigration and Nationality Act (INA), 301(b) (8 U.S.C. 1401(b)) (formerly INA 301(a)(2)), in effect from December 24, 1952, restates this provision. What this means is that as a Native American, you may petition for a foreign spouse as a US citizen.  If you are not yet married and your fiance is still in Mexico, the most efficient way to proceed is to seek a fiance visa.  Once your Mexican fiance is in the US, you would need to marry within 90 days and the file for a green card after that.... Read Answer