Alabama Immigration Legal Questions

You should be able to seek divorce in the United States even though your marriage occurred overseas. You would either need your husband's permission or a court order to take the children outside the United States. You will need to speak to a family law attorney in the area where you live to discuss divorce and child custody matters. You may be able to self-petition for a green card. Under United States immigration law a spouse of a United States citizen can petition for a green card if he/she has been subjected to battery or extreme cruelty. There is not enough information to assess your eligibility but it is something for you to consider. You can read more about immigration benefits under VAWA at http://myattorneyusa.com/eb4-visa-category-special-immigrants.... Read Answer

Your husband can apply for a visitor visa. He initiates the process by submitting Form DS-160. It will be extremely difficult for your husband to obtain a visitor visa given he is married to a United Stares citizen. He will be suspected of immigrant intent. He needs to be able to show strong ties to his country to have any chance. Even though your husband has no immediate plans to relocate, you may want to consider the green card process especially if the tourist visa is not approved. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

Your husband must first become a lawful permanent resident. There is no direct path to citizenship. After he been a citizen for three or five years (depends upon applicable law), he can seek naturalization. To become a lawful permanent resident, you will need to file an immigrant visa petition on his behalf. The process buying that will vary depending upon his immigration history and criminal history, if any. One of the most important questions that needs to be answered is how did your husband enter the country. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You appear to have a claim to self-petition under VAWA. To do so, you will need to establish you married your spouse in good faith and that you were battered or subjected to extreme cruelty throughout the marriage. You may file for divorce but it may be best to focus on a VAWA claim before divorce. Questions about divorce should be directed to a family/matrimonial lawyer licensed in the state where you live. If you cannot afford an attorney, you should speak to someone at the shelter where you stayed, they may be able to provide contact information for a pro bono organization that can help. You may also want to talk to a few attorneys as many allow installment payments for fees. You can read more about VAWA at http://myattorneyusa.com/violence-against-women-act.... Read Answer

It will likely be difficult for your boyfriend to obtain any visa other than a fiancé visa or immigrant visa. It is difficult to obtain nonimmigrant visas from the consulate in Ghana. You potentially have two options. The first would be a fiancé visa petition. One requirement is that you have met in person during the past two years. There is a limited exception of you cannot meet due to hardship or cultural/religious reasons. An exception is extremely difficult to obtain. The other option would be to marry and petition for him as your husband. Once you have married, you can file an immigrant visa petition on his behalf. You will need to establish was entered in good faith.   Each option requires you to follow a specific procedure and provide evidence regarding the relationship. One is not necessarily easier than the other. It is typically a matter of preference and eligibility.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

If he did not petition for you to become a U.S. permanent resident (green card) then you are out of status and subject to removal. You are far from obtaining citizenship. I would suggest divorce. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

If you entered the USA illegally you are required to visa process at U.S. consulate Ciudad Juarez. I would urge you to consult with and hire an immigration lawyer to assist you with this case. I don't think you’re capable of handling these matters. Your immigration attorney will be able to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

I understand you are concerned about your husband. However, there are limited options available once someone fails to depart pursuant to a voluntary departure order. Your husband will need to seek release from ICE. This requires contacting his ICE officer. The relief you are seeking is discretionary so it is best to document the situation fully. I encourage you to consult an attorney about the matter. ... Read Answer

I am sorry to hear about your husband's medical condition. At this point, the immigration judge has no authority over your husband's presence in the United States. You will need to request a stay of removal and/or extension of the voluntary departure period from ICE. You will need to document his recent medical problems carefully. Depending upon the circumstances, you could potentially seek reopening of his removal proceedings. ... Read Answer

I am sorry to hear about your husband's medical condition. At this point, the immigration judge has no authority over your husband's presence in the United States. You will need to request a stay of removal and/or extension of the voluntary departure period from ICE. You will need to document his recent medical problems carefully. Depending upon the circumstances, you could potentially seek reopening of his removal proceedings. ... Read Answer

I understand you are concerned about your friend but please understand there is simply not enough information to assess what could be done. The best thing you could do would be to contact an attorney and explain your friend's situation in detail. Options depend upon facts and there are just not enough to tell what could be done. You could read more about deportation and removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

  I would urge you to consult with and hire an immigration lawyer to assist you with this case. You can sponsor your step-son (may need release from father - or possibly not, since he abandoned child)  An immigration  lawyer can debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result. Your wife would have to consular visa process in Ciudad Juarez with an I-601A waiver filed after you petition for her. Rather complicated - you really need an immigration lawyer.  ... Read Answer

A good idea once someone is picked up is to involve a lawyer in the case. The lawyer can attempt to obtain the alien's immigration story and figure out what options are available in his or her defense. Useful questions to know the answers to are whether the individual has had problems with Immigration previously, whether the person has had criminal arrests, how long a person has been in the country, what relatives that person has, and what other equities there are, etc.. Dependent upon the person's history, bond may be available, or other reliefs such as a grant of prosecutorial discretion resulting in administrative closure, asylum, withholding of removal, etc. 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

As an asylum seeker granted permanent residence, you are entitled to a one-year rollback on your green card. The date on the card should be October 2013. You can request a replacement card from U.S.C.I.S. through form I-90 application to replace permanent residence 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