Arizona Immigration Legal Questions

He would first have to be charged and conficted with fraud or some other related offense and then authorities would have to decided whether to pursue revocation of citizenship.  Once citizenship is revoke, he could then be processed for removal.  Of course, the authorities would first need to learn about this before anything would happen.  Citizens cannot be deported, but if they obtained their citizenship unlawfully, it can be revoked and then they can be deported.... Read More

The Selective Service website lets you confirm a registration and the date of registration.  That's all you need to do to complete the N-400.  I wouldn't worry about claims by the Selective Service that you engaged in fraud.  It isn't fraudulent to register multiple times.  The only consequence is that you may be assigned different numbers and you could be "drafted" under each of those numbers.  The error would be corrected eventually.  It isn't fraudulent based on what you explained here.... Read More

Unfortunately you did not automatically become a U.S. citizen when your mother became a U.S. citizen prior to your 18th birthday in June 1996. Your mother would have had to take affirmative steps and file Form N-600 application for certificate of citizenship and you would have had to become a citizen before the age of 18. I note that the Child Citizenship Act did not become effective until February 27, 2001. If you were under the age of 18 on that date, you would have automatically become a U.S. citizen if you were a permanent resident and in the legal and physical custody of a U.S. citizen parent. The last provision applied even where the child's parents were living together and the other was not a U.S. citizen. 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

Section 245(i) in its earlier and still effective iteration allows most undocumented individuals who have filed immigrant visa petitions or labor certification applications by January 14, 1998, to pay a fine amount (currently $1,000) to adjust status to permanent residence in the U.S. without leaving. A dependent who is listed on the visa petition of a parent in 1997 would generally be eligible for the benefits of Section 245(i). An exception would be if your mother was being petitioned for in 1997 as an immediate relative (such as by a U.S. citizen spouse or by a U.S. citizen son or daughter over the age of 21). In that situation, grandfathering would not apply since the immediate relative category does not allow dependent members. Otherwise if you came to the U.S. without inspection when 3 months old and were listed on an I-130 relative petition for your mother in 1997, you would be eligible to adjust status under section 245(i) as long as you have the proof of your mother's petition filing. 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's status hasn't changed (still H1B) then your qualification for H4 status likewise hasn't changed and you should continue to wait for your current application to be approved.  It is not your responsibility as the dependent to inform the USCIS about a change in H1B employers, but rather that is the responsibility of the new H1B employer.... Read More

The immigration service has said affidavits are not enough, on their own, to prove continual presence for DACA purposes, so you'll need more.  The Facebook posts might work, but since you can post from anywhere in the world, it would only work if the location feature is on and documents where you where when you posted.  There may be other ways to prove your presence during this time.  I recommend you hire a lawyer to help you assemble the proof needed and make a good case for prosecutorial discretion under DACA.... Read More

Hello,   At the very least, a  person who has been deported would need to remain outside of the U.S. for the required 10 years (or proscribed period) before he could return legally through a family visa petition such as an I-130 application. The only way around this is if he were able to obtain a waiver. The chances of getting a waiver do not look good if he is here illegally after a deportation. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read More

Hello, You may file for your parents' green cards or legal permanent residency status after you become a U.S. citizen and the current processing time is approximately one year if they come from abroad (Consular Processing). It would take an average of approximately ten years for your sister to immigrate to the U.S. based on your petition for her. This processing timeframe is an estimate which is subject to change depending on the workload of the U.S.C.I.S officers. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.Doreen Emenike_________________________Law Offices of Doreen A. Emenike... Read More

Peter, You do not specify how you entered the United States. If it was without inspection (EWI or "illegally" [though I hate that term]), then USCIS takes the position that even if a person left and re-entered EWI as a minor, the 10-year bar under INA § 212(a)(9)(C) applies. If you entered with a passport, then the decision to find you inadmissible on account of the 10 year unwaivable bar was incorrect and you might be eligible for a waiver. You should consult a knowledgable attorney who is aware of the 9th Circuit decision in Acosta v. Gonzales, 439 F.3d 550 (9th Cir. 2006) and other relevant cases. Additionally, more likely than not, the I-130 was approved. It was the I-485 Application to Adjust Status that was denied pursuant to the USCIS finding of inadmissibility under INA § 212(a)(9)(C).... Read More

Hello,  It depends. It is not clear whether you were acquitted in the U.S. or the U.K. If the criminal trial took place in the U.S.  then there is a strong likelihood that at the U.S. border, the Immigration Agents may deny you entry if they deem you to be a drug trafficker even though you were not convicted of drug trafficking. It may be a good idea to apply for a visa at the U.S. consulate in your country of residence before incurring the cost of a ticket. This would give you an idea of the possible problems you may encounter as you try to visit the U.S.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read More

The NVC should have already sent out a case number along with fee bills (Invoice) for $492. If not, call 603-334-0700 to find out what the case number is and to get the invoice number. You then pay the fees online and email NVC copies of documents (I-864, copy of his passport, birth certificate and marriage certificate) and he completes the DS-260 form online. Once all documents are considered complete, NVC will schedule the appointment. From case completion until the initial interview in Ciudad Juarez is typically about 2 months.... Read More

Best wishes upon your marriage and the upcoming birth of your baby. The filing of a Form I-130 merely seeks to have the USCIS make a determination that you and your husband are living together in a bona fide marriage, and USCIS approval does not confer a right to remain in the U.S. A Form I-485 is an application seeking to have the USCIS grant Lawful Permanent Resident status (issue a "Green Card"). Generally, a U.S. citizen and his/her spouse concurrently file both applications. Multiple other documents also must be filed, including an Affidavit of Support, Background Information forms, medical examination results, photographs, birth documents, evidence of the bona fide nature of the marriage, etc. The process can be complex and can present a "minefield" for the unprepared. Last week, the USCIS's Atlanta Field Office (which handles marriage-based cases for Georgia and Alabama) announced that it has the highest rate of "continued" cases - those that are not finally adjudicated at the adjustment of status interview among all the districts in the U.S. It is common for the USCIS to have a 9-month delay in cases that are "continued" due to lack of documentary evidence or other errors, and of course lack of documentary evidence and other errors also can lead to a denial of an application. Especially since you are not thoroughly familiar with the adjustment of status process, it would be wise to engage an immigration attorney to represent you and your soon-to-be husband.... Read More

IF the petition approval is still valid and viable (you would need to check with USCIS), you can simply proceed on the basis of that approval, provided you still qualify for adjustment of status within the US. If it is not longer valid, she would have to repetition for you from the beginning but the wait time will be very long again. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read More

You need to consult with an attorney because the applications ask whether 'ever' arrested or convicted. Therefore, withholding such information could be basis to deny your application. However, depending on why your records were sealed may be grounds to not disclosed the records. An attorney is best able to ensure your rights are protected and the immigration authorities correctly determine your application.... Read More

It really all depends on how she entered the US and if anyone had ever petitioned on her behalf. If she entered lawfully but overstayed and she is married to a US citizen, she will be able to legalize her status in the US without leaving. If she entered the US unlawfully and is not protected by a previous Section 245i filing, under the current immigration laws, she is not eligible to adjust status within the US. She would have to depart the US but by doing so she would automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse and this is fairly difficult to do in most cases.... Read More