Alabama Immigration Legal Questions

You need to be truthful. You appear to have made misrepresentations on your prior DS-160. If the consular official finds these misrepresentations to be material, which is likely to happen, you will be found to be permanently inadmissible to the United States. You will need a waiver in order to ibtain a visa. I encourage you to work with an experienced immigration attorney.... Read Answer

If this will be a one time occurrence and you will surely return within a year, a reentry permit may not be necessary. On the other hand, if this is likely to be a recurring situation or you have doubts that you will be able to return within one year, it may be safer for you to apply for a reentry permit. 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 was a bill a few years ago to allow people who bought residential properties in the U. S. to live on a quasi-permanent status in this country, but it did not pass. Your buying of a property for investment and to build a house to live in would not be conducive to your obtaining a visa from a U. S. Consulate. I believe that you would probably only be applying for a visiting visa, which requires a showing of nonimmigrant intent. No other visa appears to fit your plans. 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

Hello. I would be happy to help. We can also work a payment plan. I would need more information about his current visa and type he plans to switch to. Leaving the US, marrying and coming back can complicate his existing or future immigration. I offer free consultations if you would like to schedule a time to talk. 858-874-0711.... Read Answer

Probably the question in your case is whether you are adjustable to permanent residence in the country, and that would depend upon whether you entered the country legally. A person who entered the country without inspection is not allowed to adjust status unless he or she has the benefit of §245 (i), under which the individual has a labor certification application or immigrant visa petition filed by April 30, 2001 and has been physically present in the country on December 21, 2000. Lacking that, you could attempt to obtain an advance parole with your DA CA status to make another entry which will hopefully allow U.S.C.I.S. to consider you as no longer an illegal entrant. Such advance parole can be approved for schooling or business related reasons or emergent circumstances. Another option could possibly be your husband applying for you under the I-601A program under which you would interview overseas, but could file a waiver of the 10 year bar for being in the country illegally for over one year and have an adjudication of such made while you are still here. The waiver would be based upon establishing extreme hardship to your husband if you cannot obtain residence status.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 question on the visa application form concerning whether anyone has filed for bankruptcy. Therefore such filing would not have an effect on the grant or denial of the U. S. visa application. A consular officer would be more concerned with whether you have a bona fide reason to come to the States and have the means to support yourself legally while 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

You would be able to help them if they came in legally since immediate relatives of US citizens are able to adjust status in the country so long as they entered legally on a visa or under parole status. The difficulty is that if your parents entered the country illegally, they would not be able to adjust status to permanent residence even if you become a US citizen and are 21. The difference between adjusting status and having to leave the country in order to consular process immigrant visas is crucial since leaving the country would impose a 10 year bar against their return. Another thing that you can check with your parents is whether they have the benefit of section 245(i) under which they would be eligible to adjust status to permanent residence upon payment of the fine amount of $1000 (each) if they had visa petitions or labor certifications filed on their behalf by April 30, 2001 and were physically present in the country on December 21, 2000. 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

An individual does not need to be convicted of crimes of moral turpitude in order to be barred from entry to this country. The admission of such crimes is sufficient to bar. That being said, your fiancé should explore the possibilities of an I-601 waiver of grounds of excludability based on extreme hardship to you if he is refused admission to this country.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

You should begin the process by hiring a lawyer in the state where you were convicted.  That lawyer should specialize in post-conviction relief.  Once your conviction is vacated, you can then hire an immigration lawyer like myself to help you reopen your immigration case based on proof the underlying basis for the action was vacated.... Read Answer

You cannot send him back to his home country, only the US government can do that.  If he is abusive, you should report the abuse to law enforcement.  If he is convicted of domestic violence, then that conviction may result in immigration officials placing him in removal proceedings. He can petition to remove the conditions on his permanent resident status without you if he can prove the marriage was entered into in good faith (i.e., not just to get him a green card).  You can't stop him from trying to get his permanent green card; however, if your marriage is not working out, you should consult someone knowledgeable about divorce.... Read Answer

I posted a response to your question yesterday, but I negleted to provide you a link with more information.  Here is more information about applying for refugee status. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=385d3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=385d3e4d77d73210VgnVCM100000082ca60aRCRD Your daughters could apply to study in the US using an F-1 visa, but then only they and their dependents could come to the US.... Read Answer

In an immigration case, the only persons normally asked to obtain a medical examination are the principal immigrant and any dependent immigrants. A petitioner might only be requested to undergo DNA testing if the immigration case is based upon familial relationship and there is some doubt as to whether the relationship is bona fide. 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

All that is left to do is challenge your conviction.  That requires hiring an attorney that specializes in post-conviction relief in the jurisdiction(s) where you were convicted.  If the relief ends up changing your criminal record for the better, then you can file a motion to reopen your immigration court case to see if the order of removal can be revoked (thus eliminating the lifetime bar).  This process is expensive, time-consuming and fraught with uncertainty, but it is the only thing you can do at this point to challenge the life-time bar.... Read Answer