Arizona Immigration Legal Questions

Your moving from Nogales to Tucson, Arizona will have no effect upon your DACA application as long as you are otherwise qualified.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 will need to file a green card application for him. After it is approved in the US, it will be sent to the US consulate in their home country for immigrant visa processing. Prior to that, he will need to get a “Waiver of Inadmissibility” approved. This is based on hardship to the US petitioner. This will first be processed in the US before the interview is set abroad. However, he must show hardship if he is forced to return to his home country or if he is forced to be separate from the US petitioner. This could be risky and will depend on your family’s specific personal, economic and medical hardships. Immediate relatives of US citizens are now able to apply for a waiver and await the decision while they are in the United States. They will only be required to leave for their immigrant visa interview abroad at a United States Embassy or Consulate after their waiver is approved.   http://www.ksvisalaw.com/explaining-the-i-601a-provisional-waiver-rule/... Read Answer

U.S.C.I.S. requires that you provide all information on offenses that you committed even at the time that you were a minor when you apply for naturalization. Lack of forthrightness may be a basis to deny the naturalization application for lack of good moral character. 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

Third country national acceptance for nonimmigrant visas is in the discretion of American consuls. There is no rule that says that you must return to your homeland for visa stamping, but many consulates are reluctant to accept visa applications from individuals who are not resident in their countries. You may wish to check with the American consulates that you intend to apply at to determine their attitude on your potential application. Your husband may have an easier time at being accepted as he was previously given the F-1 visa in his passport under the same category. As your visa expires the same time as your husband’s, I will assume that you have the F-2 stamp and not a stamp for an F-1 visa. A consulate may believe that the American Embassy or Consulate in your home country would be best qualified to decide whether you should have an F-1 visa. 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

Interesting question.  TPS doesn't lead to residency.  If you are applying for residency through your spouse, and you jointly file bakruptcy, that would affect your spouse's eligibility to file the affidavit of support.  An experienced immigration lawyer will be able to sort this out.  Good luck! Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.  ... Read Answer

As you are a permanent resident, you should be in the U. S. at least half of the year. Please also understand that you will have to provide financial support on form I-864 and it would be best to have a viable job letter, banking statements, payslips, and 3 years worth of tax returns. 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 fiancé had a felony of domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking , homicide, murder, manslaughter, rape, abuse of sexual contact, convictions for 3 crimes related to controlled substances or alcohol, etc., he would not be able to sponsor you for a K-1 fiancée visa without seeking a waiver from U.S.C.I.S. If the felony was for other reasons, the agency would certainly look hard at the case to see whether he believes that the relationship is bona fide before considering a grant. If your fiancé is sponsoring you for an immigrant visa instead of the K-1, the fact of a felony would make U.S.C.I.S. look harder at the case. 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 visa number is not the same as the alien registration number. The “A” number is usually assigned as part of the permanent immigration process. Most individuals who are in the U. S. on nonimmigrant visas do not have an “A” number. If your wife is applying for you and if and when you file the I-485 application for adjustment of status to permanent residence, U.S.C.I.S. will assign you that number. 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

Hi. It is highly unlikely that you can now get a tourist visa since you are married and filed the I-130. You will have to disclose this on the DS-160 visa application and thus the case will be denied.  Those things shows Immigrant Intent when you are applying for a Non-Immigrant Tourist Visa.  You can always try, but very unlikely. ... Read Answer

If your boyfriend has the charge dismissed or pleaded down to something which is not a crime involving moral turpitude such as stealing, he would still be OK to apply for citizenship. If the charge of theft is sustained, he would likely be found to be a person lacking good moral character. The period required for good moral character is usually 5 years from the date of the offense. So at worst, your boyfriend would have to wait 5 years from that date to apply for citizenship.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 the possibility for all who have been granted Deferred Action for Childhood Arrivals (DACA) to obtain permanent residence if some version of the Dream Act is passed. Other than that, your parents can apply for you under the F-2A category for unmarried children under the age of 21 of permanent residents and the process will probably take two years. If you entered the country legally, you may be eligible for adjustment of status without leaving the country if you or one of your parents (if they immigrated through a preference and not as the parents of a US citizen) had the benefit of section 245(i), under which applicants can adjust status upon payment of a fine amount of $1000 if they had an immigrant visa petition or labor certification application filed by April 30, 2001 and were physically present in the US on December 21, 2000. There is also the possibility that if you obtain advance parole to leave and reenter the country for reasons pertaining to emergencies, school, or business, you might be adjudged to have made a legal entry and allowed to adjust status under your parent's petition. 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

Since it is a matter of low income on your mother-in-law's side, you could perhaps alleviate the situation if you and your wife are earning a decent living in the country. In that case, you could extend an invitation for her and the son guaranteeing their expenses and that they will return to Brazil at the end of their period of visit. You can also attach Form I-134 affidavit of support with job letters, banking statements, and tax returns. 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

I believe that the answer would depend upon the wording of the order of the BIA. If it stated that your case was administratively closed, you would likely be eligible to file an I-601A application with U.S.C.I.S. On the other hand, if the BIA only said that it was remanding to the immigration court for the court to administratively close, the action of the BIA would likely not be seen as an administrative closure, and you would have to wait for the immigration judge to finalize the action.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

B-2 visas are given in the discretion of the consular officers. Your overstay and deportation are heavy factors against granting you a discretionary visa. Overstay for one year and removal incur 10 year concurrent bars which were satisfied by September 2006. You may be able to qualify for a visa if it recognizes dual intent, such as the working visas H-1B for specialized workers or L1 intracompany transferees. Also if there is an organization in the country that is interested in your skills and wishes to sponsor you for immigration, that is a path that you can explore. You may also be sponsored for family-based immigration if you have immediate relatives who hold US citizenship or permanent resident 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

Graduates of US colleges and universities are usually eligible for a one-year period of optional practical training and this appears to fit your purposes. Those who graduate in the fields of science, technology, engineering, and math and are working for an employer that uses the E-Verify system are eligible for a 17 month extension after the one year of optional practical training. Other than that, your company appears too small to sustain a training program that would be recognized by 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

Private health insurance is a matter of contract between the health insurer and in this case the company. The worker would have to check with the company as to whether the insurance contract could include his illegal wife.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 girlfriend is a US citizen, you can marry her and apply for a green card.  If she is not a citizen, she can still file for you, but you would have to leave the US to process your case and then you would be subject to the 10 year bar (which doesn't start until you leave).  A waiver is available, but you may have a hard time qualifying.... Read Answer

What happens in Europe stays in Europe. European trip violations have nothing to do with US immigration law. A US consular officer would not be interested in the happenings in Europe and in a marriage case would only be interested in the bona fides of the marriage and whether that person was excludable from the US for any of a variety of reasons including crimes, addictions, or memberships in questionable organizations.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

A permanent residence card at maximum by itself only allows an absence out of the US for less than one year. If you will be out of the US for over a year, you must apply for a reentry permit on form I-131 while you are in the United States. Maintenance of a home and bank accounts will not preserve your permanent residence where you have left the US for a year or more without a reentry permit. I note that CBP may in its discretion still allow you to enter the States after a year with a waiver, but most green card holders would rather not be put at the mercy of an immigration inspector. In addition, please note that while less than a year is the maximum period allowed outside the United States for one trip with only a green card, CBP can still question whether an individual has abandoned LPR status where he or she has stayed out of the US for six months or more. This is more of a risk where the green card holder has a discernible pattern of doing such.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