South Dakota Immigration Legal Questions

More information is needed.  Perhaps, but your child may choose not to petition you after reaching 21 years of age?  You may be otherwise disqualified by that time.  Have you left the United States? Are you still in J-1 status?  Has your J-1 program ended? Do you work without status? There may be other alternatives to lawful immigration.  There may also be better means to preserve your immigration options.  As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

Your fiancé needs to obtain a k fiancé visa not a tourist visa. A tourist visa is for the purpose of traveling here to visit and not to marry. If USCIS or a customs agent discovers his true intent if he arrives here on a tourist visa, he would be technically committing immigration fraud. As for your financial situation, you can always have a joint co sponsor file the financial affidavit of support if you can not meet the minimum level of income required. Discuss all the facts of your case with counsel.... Read More

US immigration law does not allow anyone from another country to just decide and come to the US permanently because he or she wishes to do so. There must be a basis, which is usually through family relations or employment. A person who wishes to come here just to visit can apply for a visiting visa. If you are serious about your boyfriend and will marry, you can sponsor him as a fiancé and upon entering the US, you would have to marry within 90 days and he could then apply for the green card. Otherwise you could marry in Nigeria or some other country and sponsor him directly for the green card. A fiancée visa would take approximately 9 months and an immigrant visa approximately 12 months to process. 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

As a US citizen, you have two viable options recognized in law – you can file for him as a fiancé under a K-1 visa, or you can marry and then file directly for his residence status. The first is done on form I-129F petition for alien fiancé and the second through form I-130 petition for alien relative. The fiancé route is normally approximately 9 months and the residence route approximately one year. 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

You can have him process there at the Consulate after marriage or apply for a fiance visa, and get married within 90 days after his entry with the K visa. Both routes are taking about the same time, the fiance visa taking a little less. Counsel anywhere in the US can help you. Congrads and good luck. ... Read More

Cancellation of removal for a lawful permanent resident requires that the individual have been in the US for seven years after having been admitted, be a permanent resident for five years, and not been convicted of an aggravated felony. In your case, it would not appear that the possession charge would be an aggravated felony from your brief description. If not, the question is what was the other charge on your record? From your account, it was not serious. Cancellation of removal is discretionary, and the more serious the crimes, the more reluctant an immigration judge would feel about giving a favorable exercise of discretion. In your case, you may have to wait until your time is served before you have a hearing before the immigration judge. At that time, you and your legal representative could go through all the reasons for which you should not be removed including all of your equities. 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

It is not clear whether you have maintained your F-1 status or not. A person can hold both F-1 status and TPS at the same time so long as they continue to maintain student status. If you have maintained your F-1 status, you would not need to leave the U.S. A change of status would simply be requested. If you have not maintained F-1 status, you may be able to remain in the U.S. More information would be needed and timing of the petition would be important. I encourage you to speak to the attorney who will be handling the petition. You can read more about changing status at http://myattorneyusa.com/temporary-protected-status-tps#ADJUSTMENT%20OR%20CHANGE%20OF%20STATUS.... Read More

Entry without inspection (EWI) means that the individual when entering the States did not appear before an immigration inspector for admission. Kindly note that persons who attempt to sneak into the U.S. and are caught by DHS while in the act of entry and subsequently paroled are not counted as EWI's; neither of those who pass by immigration inspectors using false documents. The latter two categories may be eligible for adjustment of status to permanent residence in the U.S. if they are immediate relatives of U.S. citizens (spouse, parent, or child under the age of 21 and unmarried) although the ones using false documents will require proof of the false document and a waiver of the fraud or misrepresentation. Please note that waivers are discretionary in that U.S.C.I.S. may or may not grant them.... Read More

Thank you for your inquiry about your boyfriend.  I am sure the current situation is quite stressful for the both of you. If your boyfriend last entered the U.S. with inspection but is an overstay, he may be able to file for and obtain a green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen.  He may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S.citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-864 affidavit of support, I-693 medical etc.  If he did not last enter with inspection and he is an EWI (entered without inspection), there are more issues that would need to be reviewed.  He may still be eligible to obtain permanent residence status based on your marriage, but he may need an I-601 hardship waiver.  See: http://www.srwborderlawyers.com/form-i-601/ http://www.srwborderlawyers.com/blog/tag/form-i-601 Hardship waivers can be difficult, and their filing procedures are changing, so if he did last enter w/o inspection, you really need to consult with an immigration attorney about his case. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com      ... Read More