Arizona Immigration Legal Questions

You have not asked a question. I assume you want to know if you can become a permanent resident. You may be able to pursue permanent residence, but unless you are grandfathered under INA 245(i), you will likely need to pursue an immigrant visa through consular processing. You may qualify for the provisional waiver which would minimize separation from your family. I would recommend a full consultation with an experienced immigration attorney.... Read More

The best way to proceed really depends upon what was denied and why. I understand your husband was denied something under INA 212, but there are a lot of reasons why INA 212 is used. An appeal may not help. Your husband may need a waiver. I recommend you consult an attorney. You can find more nformation by clicking family-based immigration. ... Read More

It is ver important that your husband does NOT re-enter the United States illegally. An illegal re-entry after accruing years of unlawful presence will cause irreparable harm to his ability to immigrate. To start the process, you will need to file a Form I-130 on behalf of your husband. Once the petition is approved, your husband will complete an immigrant visa application. He will be interviewed at a U.S. Embassy or Consulate regarding the application at which time his application will be denied due to unlawful presence and he will be asked to file a waiver. You can start preparing this waiver in advance of the interview, but it cannot be filed until the consular office determines a waiver is necessary. This waiver is based upon extreme hardship to you if your husband is not allowed to immigrate. USCIS will look at both the hardship you would suffer if you live apart and if you went to Mexico to live with him. This is a complicated matter. I encourage you to work with an experienced immigration attorney. You can click on family-based immigration to learn more about the process. ... Read More

You cannot get your court order. For just about every jurisdiciton in US, if your marraige certificate changed your name to married name. That is a valid name change. You can file a petition to change your name in a court of local jurisdiciton and get the court order this way but it will not be as part of the adjustment of status process. ... Read More

Voluntary departure is considered a relief. It is something that can be given in lieu of removal, exclusion or deportation. However, failure to leave the US during the time of voluntary departure means that in lieu of such, the individual will receive that order of removal, exclusion, or deportation. Failure to leave during the period of voluntary departure incurs other penalties, of which one is inability to adjust status for 10 years even if otherwise eligible to do it. 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 More

While the Department of Labor does not wish anyone to make any changes on the 9089 form while it is being processed, that prohibition against making changes does not apply once the form has been approved. If you made a mistake on putting in the date of signature on the approved form, you can strike it and write in a new date with your initials as you suggest. 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 More

It is illegal to file for a reentry permit from abroad. The form instructions clearly require that the applicant apply when he or she is physically in 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 More

As this is a mistake of the immigration inspector at the airport, you should go back to an international flights airport to the deferred inspection section run by Customs and Border Protection, explain your situation, bring out whatever documents that you have, and try and have your problem rectified.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 More

In order for your wife to change status from F-2 to F-1, she needs a valid passport. Assuming that she gets a new one, she is allowed to change her status as long as she proves that she is still in legal F-2 status at the time of the request. If your wife does not have an I-94 entry/exit card, she can go online to the CBP (Customs and Border Protection) website to print out her entry information, and submit that along with other documentation including her dependent I-20 form. 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 More

Although imperfect sometimes, your father can apply for his records under the freedom of information act. He can send requests to both U.S.C.I.S. and CBP. He can send an FOIA request to U.S.C.I.S. with a G- 639 freedom of information/privacy act request and proper identification to U.S. Citizenship and Immigration Services National Records Center, FOIA/PA Office P. O. Box 648010 Lee’s Summit, MO 64064-8010 CBP prefers FOIA requests electronically at https://foiaonline.regulations.gov/foia/action/public/home  Your father can then create an FOIA online account and simply follow the prompts to make an FOIA request. 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 More

If your husband entered the U. S. without inspection, he is not allowed to adjust status in this country unless he has the benefit of §245(i) under which he can pay a fine amount of $1000 if he had a labor certification application or immigrant visa petition filed on his behalf by April 30, 2001, and was physically present in the U. S. on December 21, 2000. If not adjustable, the fastest and easiest possible way for your husband to obtain his permanent residence would likely be an application to be consular processed overseas. I will assume that you are a U. S. citizen. In such case, you would file an I-130 relative petition on his behalf, and upon his being approved, he would file for an I-601A provisional waiver of the 10 year bar based on extreme hardship to you. He would wait and see the result while he is here in the country. If approved, he would continue his case to be visa processed at his home consulate for the green card. In all likelihood, the interview would be normal and he would return with an immigrant visa. In the process, he would not be allowed a work permit until he returns to the U. S. Insofar as fees are concerned, we do not quote fees publicly. 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 More

Hello, You may file for your unmarried child now that you have your green card. There is no waiting period before you can apply. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read More

Without a careful analysis of your company and your background it is not possible to provide a complete answer to your situation.  You may have options to obtain permanent resident status through your occupation, your investment, and possibly through family ties you may have in the US.  However, you indicate that your wife is a Social Worker with a Masters degree, and it is very possible that her emlpoyer would be willing and able to file a labor certification and immigrant visa petition for her, which would enable you and your children (single and under 21 years of age) to immigrate together with your wife as her dependents in the same fashion that she presumably obtained E-2 dependent status and work authorization through you.  If you would like me to explore these options and analyze your case in detail to determine what other options may be available to you, please contact my office either by phone at (619) 291-1112, or by e-mail at jbejar@immigrationlawclinic.com... Read More

If you have a current unexpired petition and visa valid until December 2015, you should have no problems with reentering the US while the NOIR response is under review. I assume that the response to the notice of intent to revoke will note the facts of your current legal 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 More

Thank you for your inquiry. I am happy to discuss and process your case. We can file a Fiancé visa and you will have to show that you can financially support your fiance. In addition, they must qualify for an Immigrant Visa with a clean medical and criminal record.  Can you provide more information?   Where is your Fiancé? Does she have any U.S. Visas? How & When did you two meet? What do you do for a living in the US? Have either of you been married before? Have you ever filed a Fiancé visa before? Do you have any children? Have either of you been arrested?  The process takes about 6 months to get approved in the U.S. Then, it will be sent to your fiancé’s Consulate for Processing (these processing times vary, but total time should not be longer than a year). Once they arrive on the K-1, you will get married and file an Adjustment of Status for “Conditional Residency”. This green card will be good for 2 years. At the end of those 2 years, you must file another petition documenting that you two are married and living together.... Read More