Arizona Immigration Legal Questions

You are likely not at a significant risk of deportation though anyone who has stayed beyond his/her authorized stay may be placed in removal proceedings. You should quickly make the necessary corrections. You may want to consider working with an attorney to avoid future rejection. I am also concerned given you requested an extension of stay. You may be found to have misrepresented yourself in requesting an extension of you had no intent to depart. Speak to an attorney before resubmitting. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

I assume that you are either a native of Mexico or the Philippines since the date of visa availability under the F-4 category would have long passed for a person born in any other country. That observation aside, the woman that you have been living with for 24 years can only be a beneficiary if she is legally married to you. The fact that you have three children together does not give her dependent 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 direct path to a green card because you worked in the United States for nine years. You would need to be the beneficiary of an employment-based or family-based immigrant visa petition in order to obtain a green card. The only avenue that would allow you to self-petition would be if you could establish extraordinary ability or through investment. You can read more about these options at http://myattorneyusa.com/investment-immigration.... Read Answer

The answer will hinge on the crime for which he convicted and the grounds of removal. He may be able to return sooner if eligible for a waiver. Unfortunately, there are certain criminal offenses that render a person permanently inadmissible. You can read more about the adverse consequences of criminal conviction on immigration at http://myattorneyusa.com/criminal-aliens.... Read Answer

There is no Dream Act. There is DACA, which is a special program for certain childhood arrivals. It is not clear what was filed on behalf of your husband. U.S. government officials typically do not file applications on behalf of aliens. They could provide information about how to file but not actually file. I would encourage you to take the information you have to an attorney for review. In the interim, you can read more about DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca.... Read Answer

Without seeing a certificate of disposition from the court it is difficult to assess what impact this conviction will have on your ability to renew your green card. If it was dismissed with no requirement for you to admit guilt then it will likely not be an issue. You will have to disclose the incident but it should not keep you from getting a new green card. If it was not dismissed, it could be an issue. As the court for a copy of the dispiriting and have it reviewed by an experienced immigration attorney. ... Read Answer

You are not automatically granted asylum. You and your family may find yourself detained for an extended period of time. You will first need to explain your situation to a CBP officer at the border. If he/she believes you have a fear of returning to your home country, you will be scheduled for a credible fear interview. An asylum officer will conduct the credible fear interview. If you are found to have a credible fear, you will be referred to an immigration judge who will conduct a hearing in your request. This is a complicated process. The fact that you are from Syria in of itself will not be sufficient. You need to establish a well-founded fear of persecution on account of your race, religion, nationality, political opinion or membership in a particular social group. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

You are not automatically granted asylum. You and your family may find yourself detained for an extended period of time. You will first need to explain your situation to a CBP officer at the border. If he/she believes you have a fear of returning to your home country, you will be scheduled for a credible fear interview. An asylum officer will conduct the credible fear interview. If you are found to have a credible fear, you will be referred to an immigration judge who will conduct a hearing in your request. This is a complicated process. The fact that you are from Syria in of itself will not be sufficient. You need to establish a well-founded fear of persecution on account of your race, religion, nationality, political opinion or membership in a particular social group. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

You are not automatically granted asylum. You and your family may find yourself detained for an extended period of time. You will first need to explain your situation to a CBP officer at the border. If he/she believes you have a fear of returning to your home country, you will be scheduled for a credible fear interview. An asylum officer will conduct the credible fear interview. If you are found to have a credible fear, you will be referred to an immigration judge who will conduct a hearing in your request. This is a complicated process. The fact that you are from Syria in of itself will not be sufficient. You need to establish a well-founded fear of persecution on account of your race, religion, nationality, political opinion or membership in a particular social group. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

Your husband's unlawful entry after removal is a serious issue. Your husband has likely triggered a permanent bar to admission. There is no waiver available to this bar until your husband has remained outside the United States for ten years (possibly twenty years depending upon his criminal history). The only options that may be available to your husband will be discretionary relief from ICE such as a stay of removal or supervised release. Your husband will need to show substantial equities to have any chance of such relief. You can read more about the permanent bar at http://myattorneyusa.com/permanent-bar-overview.... Read Answer

You are not required to hire an attorney but in this case it would likely be best. Given your husband entered the United States without inspection, he will not be able to obtain a green card in the United States. He will need to pursue an immigrant visa through consular processing. He  will be subject to a bar for unlawful presence but may qualify for a provisional unlawful presence waiver. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

f you have a green card, you will not be deported just because you lost it. You can file for a replacement green card on form I-90 application to replace permanent residence card. On the passport, you can apply for another one at the consulate or embassy of your country in the United States. Insofar as the Social Security card is concerned, you can call, write, or appear at a Social Security office and should be able to obtain a replacement 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

Hello. I need to know what you pled.  Normally a person convicted for a drug charge with intent to sell is considered an aggravated felony for immigration purposes which can lead to mandatory detention with ICE and no relief from removal. Please inform of your exact charge you pled to and the exact sentence you received. 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

Whether you attend the hearing or receive a deportation order in absentia, that is still considered being deported. So you should put down that you have been deported. In such case, you would have to file the form I-212 for advance permission to come back to the US. Otherwise you would have to stay in the home country until the time that the deportation order expires, in most cases 10 years. Insofar as your four children are concerned, you can use the extra page provided in the form, page 8, for additional information. Copies of their birth papers and any other relevant information that might be favorable to you should be included in the application. You may also look to see whether you also have to file an I-601 waiver of inadmissibility, which would generally be required if you stayed in the US illegally for one year or more or committed other acts such as fraud or misrepresentation or crimes. 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

It will be difficult to seek an H-1B through your friend's company given it is not really active at this time. More information is needed about the company and the position offered. Your sister could petition for an immigrant visa on your behalf but you would not be able to stay in the country based uin the petition as it will take years for a visa to available.... Read Answer

A fiancé visa is a two-step process. The first step is to file the fiancé visa petition with USCIS. USCIS is currently processing Form I-129F in approximately 5 months. After the Form I-129F is approved, your fiancé will need to apply for the visa. This process can take 1-4 months depending upon the consulate involved and how quickly your fiancé can gather all required supporting evidence. ... Read Answer

Assuming you are not yet married, your United States citizen fiancé could file a fiancé visa petition on your behalf. This process is started by filing Form I-129F with the required supporting evidence. This would allow you to seek a visa that allows you to enter the country for the purpose of marrying and seeking permanent residence. If you are already married, your spouse would need to file an immigrant visa petition on your behalf. This process is started by filing a Form I-130 with USCIS.... Read Answer