New Mexico Immigration Legal Questions

There is no list of which we are aware that designates people who can come back to the US after being deported. Generally speaking, a deportation or removal order is in effect for 10 years when a person leaves the US under an order of removal or deportation. If you are concerned that your husband is otherwise barred, I suggest that you obtain a copy of your husband’s immigration file and consult with an immigration attorney. 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

Yes if you are US citizen, then you can probably sponsor your husband for his green card. You may need a waiver of inadmissibility, which would be most likely granted given the time that has Passed. Discuss your case with counsel anywhere in the United States. Counsel in any state can represent clients all over the world.... Read Answer

It is very difficult to immigrate someone who has been deported for a drug conviction. I suggest that you bring his entire criminal/immigration files to an immigration lawyer whose practice includes dealing with criminal issues and consult with him or her as to whether your brother has a chance to return and what steps would be involved in doing so. 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

Yes, you can sponsor him. If you apply for a finace visa, then you must have met your fiance within the last two years. Alernatively, you can travel to Nigeria and marry him there, but he will have to process at the consulate there. The processing times for both pathways is about 1 year, with the Fiance visa taking slightly less time. Counsel anywhere in the United States can represent you. Most of us gove free consultations. Call to discuss. Now, if your fiance travels to the USA on a visitor visa, and you get married in 3 months, then you can adjust status, but be aware that he must enter the country for the purpose of visitation ONLY, and then decide to get married after 3 months. If thats the case, then this is another pathway to consider. Call to discuss. ... Read Answer

I am assuming since you came into the US at the age or 4 or 5 that you had accumulated significant period of unlawful presence. Although you do not have a prior order of removal because you took voluntary departure, your unlawful presence has not been waived. Upon departing the US in 2008, you were subject to the 10 year bar for re-entry for unlawful presence. Provided you have not re-entered illegally at any other point, your citizen step-father should be able to petition for you now since 10 years has past.... Read Answer

To have no trouble whatsoever, you should stay in the United States for one entire year and then apply for an N-470 application to preserve residence for naturalization purposes if your company is engaged in the development of US trade and commerce. Under that circumstance, you would be allowed to work for your US company overseas for as long as required. Such does not, however, count as physical residence for purposes of naturalization. If the company cannot wait or does not qualify for the exception, our best advice is for you to come back to the US as often as possible; pay your US taxes without taking the income exemption for foreign income earned overseas; not have any trips exceed five months; and bring proof that you are working for the US company overseas when you return to the US.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 your son’s fiancé entered the country legally and your son is a US citizen, then he can petition her for a green card. That is the general rule. As exceptions do apply, your son would need to discuss his case in private with counsel. Counsel anywhere in the USA can represent him.   Stephen Black, Licensed in Texas and Florida.... Read Answer

The best action is to gather together and keep in a safe place all evidence that you and he have had a bona fide marriage. When the divorce is finalized, you can submit the I-751 Petition to Remove Conditions on Residence with all the proof of your marital relationship. If U.S.C.I.S. is convinced through the documentary evidence and/or interview with you that the marriage was bona fide, you would be allowed to have your conditions removed on the green card. 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 I-94 number is not on the visa. It is given to a person upon arrival in the US by Customs and Border Protection. You can access the number along with your entry record by going to https//94.cbp.dhs.gov.if you entered in May 2013 and later in any legal manner other than by land. Prior to that time, physical I-94 cards were given to all legal nonimmigrant entrants to the US with the numbers on the cards.   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 is no simple path based upon length of time in the U.S. Eligibility for permanent residence will depend upon more detailed information about his immigration history and ties to the country. Most individuals obtain residence through family-based or employment-based immigrant visa petitions. You can read more about immigration options at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

When someone is arrested by ICE he/she is typically served with a Notice to Appear. This Notice to Appear may have court date set or not. The immigration court actually sets the date so notice comes from the immigration court. Your brother-in-law can call the immigration court to find out his next hearing date. It is important he not miss an immigration court hearing as he can be ordered removed in his absence. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

You process to bring a family member from overseas. The first step requires you to file an immigrant visa petition along with required supporting evidence with USCIS. Once this petition is approved, the case will be transferred to the NVC after which your husband will apply for an immigrant visa. He will submit a visa application online. He will also need to submit supporting documents to show he is eligible for the visa. Eventually, he will be scheduled for an interview where a consular official will approve or deny his visa. You can read more about the process at http://myattorneyusa.com/family-immigration.... Read Answer

Do you have an attorney representing you in the divorce matter? If so, let him/her know about your wife's conduct. If not, you should consider hiring an attorney. You may also be able to file a criminal complaint and/or obtain e order of protection/restraining order. Contact the police department about the calls you are receiving. ... Read Answer

Possibly. Assuming the immigrant was convicted of a single simple DUI (no other charges and/or damage to persons or property), the immigrant will likely be able to become a permanent residence. However, DUI is taken very seriously. A conviction for any criminal offense is an adverse factor. You may be required to submit additional evidence of favorable factors. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

I do not know of any process for an illegal immigrant who marries a US citizen to go directly to US citizenship. The first process would be to obtain permanent residence. If your friend entered the US legally, she is probably able to adjust her status to permanent residence with U.S.C.I.S. If not, she may still be able to obtain such through a much more convoluted method, the I-601A provisional waiver which involves an I-130 relative petition, I- 601A provisional waiver application which is adjudicated in the US while she waits here, and if approved, consular processing in the home country with the American consulate or embassy. The I-601A provisional waiver began processing in 2013 and is a very good device to gain permanent residence, but is not one of the easier applications.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 is no difference between a K-1 visa and a fiancé visa – they are both the same. Upon entry to the US under the K-1 visa, the fiancé and US citizen must marry within 90 days. Then the fiancé can apply for adjustment of status to permanent residence with U.S.C.I.S. 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