Idaho Immigration Legal Questions

Green cards are only issued for people who intend to permanently reside in the United States. What you described is a desire for your stepfather to temporarily enter the United States for the purpose of assisting a family member and then returning back to Saudi Arabia. Your stepfather should apply for an emergency tourist visa, and explain that he needs to enter the United States to assist a family member for an emergency situation. Based on all the facts and evidence that your stepfather presents to the consulate officer, that would be up to the discretion of the interviewing official Whether he would qualify for an emergency visa.... Read Answer

For US citizens applying for spouses in Iran, the process appears to be much more complicated. After processing of the I-130 petition and preliminary consular work with the National Visa Center, interviews must be conducted at US embassies in Turkey, the UAE, or Armenia. The major difficulty is that because of the travel ban, your husband will have to obtain a waiver of the ban from the Department of State which is generally not cooperative in granting them. If you can enlist the aid of your local congressman or senator, that might help to push the process along although there is no guarantee of such. Finally if your husband has dual citizenship with a country which does not have a travel ban by the US, it may be possible that he could bypass the ban if he is traveling to the US on the non-Iranian passport (please note that I am not expert in the workings of the travel ban and whether the exception applies to immigrant visa processing). 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

Was it a Nigerian passport? If so, your husband will need to contact the Nigerian authorities. If you presented a United States passport, your husband should contact the Embassy.  Lying to the consular official is a serious offense. You have now subjected yourself to a permanent bar to admission. This bar can only be waived if you can establish extreme hardship to a spouse or parent who is a lawful permanent resident or United States citizen. ... Read Answer

It is really difficult to determine what could be done with the information provided. Not every person who asks for asylum is granted. It would be helpful to know more about his asylum claim and case history. You may want to see if there is a local immigration attorney who could meet with him to see what, if any, options are available. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

You must first become a lawful permanent resident to become a citizen. Lawful permanent residence is typically obtained through an immigrant visa filed by an employer or family member. There is no path that allows you to become a resident under the circumstances you provided. You should continue renewing your work authorization (presumably based on DACA) in the interim. ... Read Answer

Your immigration file should be transferred to USCIS for processing of your Form I-485. You should be contacted by USCIS for an interview. It can take several months for an interview to be scheduled. You can always schedule an infopass appointment of you wish to follow-up the Form I-485. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You would ask the judge for either termination of proceedings based upon the approved Form I-130 and pending Form I-485 or for a hearing in your Form I-485. You will need to provide the immigration judge and DHS with a copy of the application and proof of filing. You may want to consider having an attorney prepare submissions and attend this hearing. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Hello. You need to be legally married before you can petition for your spouse. If he is not in the US or in the US with a valid nonimmigrant visa then you can apply for a fiance visa with the US Consulate in his home country and then get married in the US.  If he is in the US then depending on his manner of entry (legally or illegally) will determine if he can receive his green card in the US or would have to leave and go to a US embassy in his home country. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

DAPA is unfortunately still being held up in court proceedings. It has not yet been implemented. Currently the case is before the Supreme Court which is expected to rule in January whether it intends to put it on its docket for this term. Without being married legally, you would likely not be able to assist him. Even if you petition for him assuming that you get married, his case may have complications dependent upon whether he was denied asylum by an asylum office only or by the immigration court and whether he entered the country legally. The best situation would be if you were a US citizen, your husband entered legally, and he was only denied by an asylum office and does not have any proceedings with the immigration court. In that case, he might be able to adjust to permanent residence in the US without leaving. Otherwise his case would be more complicated involving either attempts to reopen proceedings before the immigration court or Board of Immigration Appeals or his leaving the US and seeking waivers to be allowed back in. 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

Canadian immigration laws are dramatically different than United States laws. Most attorneys on this fury are only licensed in the United Stares. You need to speak with an experienced immigration attorney licensed to practice law in Canada. This attorney can provide you with the necessary guidance.... Read Answer

Hello. If you entered into a bona fide/loving marriage, you can obtain your green card in a few months. This would be the path of least resistance. You will get a temporary work/travel permit in 3 months and interview for Permanent Residency (Green card) a few months after that. Other options will depend on your nationality, type of job, etc. However, there is not likely a work visa to work in a bike shop. Let me know if you would like to discuss your marriage option. ... Read Answer

The L-2's presence in the US is dependent upon the principal L-1 visa holder. Where there is a divorce, there is a severing of the dependent relationship. You are not allowed to stay in the US legally after the divorce unless you hold some other type of nonimmigrant status. However, that being said, illegal presence for purposes of the 3 and 10 year bars would only begin to run after the date of expiration on the L-2 paperwork. If you remarry (assumedly to a US citizen), you would not be precluded from applying for adjustment of status to permanent residence. As you entered the country legally, adjustment of status would still be available even if you became illegal for years in the country. After such remarriage, the US citizen would petition for you and your application with U.S.C.I.S. on form I-485 would be sufficient to notify the agency of your intentions.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

Nationals of Israel are eligible for E-1 treaty trader visas, and nationals of Moldova are eligible for E-2 treaty investor visas. E-1 depends upon an organization exhibiting the majority of trade between the U. S. and country of nationality, and E-2 focuses on the amount of investment and the organization not being a marginal enterprise. The person can come to the U. S. under a business visa for the purpose of looking over opportunities of investment in either visa category. Then he or she can take steps to start the business, but is not authorized to work until the visa is approved. The person can either choose to change status in the States or to visa process at the American consulate or embassy in the country of nationality. 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 friend may be interested in the EB-5 investment immigration program in the US under which green cards can ultimately be given for persons who have invested at least $500,000 in a regional investment center, or a business in an area of high unemployment or rural area. Otherwise he could invest $1 million in a business without geographic limitations. The investment would necessarily lead to the hiring of 10 US workers. A conditional green card can usually be given in approximately 1 – 2 years, and he could apply to remove the conditional basis of the green card within the 90 day period before the second anniversary of the granting of the conditional residence. 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

Do you have a written agreement with your attorney?  If so, you should review the agreement to see what it says about refunds or terminating the agreement.  If the work has already been completed, you may be stuck.  You should have checked with other attorneys before agreeing to that fee.  If you believe that the attorney has done something unethical, you can contact your state bar association.   Good luck!... Read Answer

The facts do not make sense and to properly advise you we would need to see the underlying documents for the deportation and any later ban the Judge put on you. To return to the U.S. before or after your ten years is up you will need to qualify for an immigrant or nonimmigrant visa and may or may not also need a waiver.... Read Answer