California Immigration Legal Questions

Short Answer: Under the immigration laws, if an individual has been ordered deported, excluded, or removed at anytime, in order for the alien to return to the United States before the expiration of the time that the alien is required to be outside of the United States, the alien may not enter the United States without first obtaining permission from the Attorney General to reapply after deportation/removal. In this situation, the alien must first file a special application called an Application to Reapply for Admission after Deportation/Removal (Form I-212). Without first obtaining an approval using this form, if it is discovered that one was expeditedly removed, one could be detained at an U. S. INS facility and set up for a formal deportation proceeding. In the alternative, if an alien was deported, excluded, or removed from the United States and thereafter unlawfull enters the United States at anytime, the U.S. INS may simply reinstate the prior order of removal. If an alien who has been ordered deported or removed, then he must wait outside the United States for five (5) or ten (10) years continuously. In the case of an alien who was ordered deported or removed for an "aggravated felony" as defined by section 101(a)(43) of the Act, then a continously period of twenty (20) yeas is required. An alien who has been ordered deported or removed as specified above, and who is applying for an immigrant or nonimmigrant visa, admission to the U.S., or adjustment of status, must demonstrate that he has remained outside of the U.S. for the timer period required for reentry after deportation or removal. The examining consular official or immigration officer must be satisfied that the alien has remained outside the U.S. for more than five (5), ten (10), or twenty (20) consecutive years, depending. Hence, any alien who cannot demonstrate that he has remained outside the U.S. for the requisite period, even if this actually occurred, must file an Application to Return After Deportation/Removal. An temporary stay in the United States under section 212(d)(3) of the Act does not interrupt the five or twenty consecutive year absence requirement. Application Procedure Aliens who have been ordered deported, excluded, or removed must wait outside the United States for varying periods of time ranging from one (1) year to twenty (20) years depending upon the immigration proceeding instituted to removed the alien from the country, and the charge of deportability/excludability/inadmissibility that was sustained to invoke the same. Hence, an alien has two options: (1) Wait outside the United States for the designated period and return afterwards in a lawful manner; (2) Apply for special permission from the Attorney General to Renter the United States before the removal period is completed. If the second option is choosen, an alien must file an Application to Reenter after Deportation/Removal, Form I-212, with the U.S. INS District Director with jurisdiction over the place where the deportation or removal proceedings were held, or directly with a U.S. Consulate abroad. The filing fee for this application is currently, US$170. Any application should be accompanied with supporting documentation and exhibits. ... Read Answer

Yours is not a marriage based petition case, and as long as your husband continues to to support your immigration application, I would assume that you will obtain your permanent residence. I will also assume that the move is in the same immigration office jurisdiction as local field offices of USCIS may not wish to adjudicate applications of persons residing outside their jurisdiction. The fact that you already have two children nullifies any suspicion of a non-bona fide marriage. Separate addresses would appear to be more of a concern where a US citizen or permanent resident has married and is petitioning for the spouse, or where the principal in an employment base case has a recent marriage. 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 up to ICE to determine whether or not your husband will get a bond. If they decide that he is a mandatory detainee, then he will need a bond hearing before an immigration judge. You state that your husband was deported 12 years ago. Why was he deported, how did he re-enter the U.S. and what is his current immigration status? If he is undocumented, he most likely will not get a bond. What he needs is an immigration attorney experienced in removal proceedings to help him.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. More information is needed regarding your father's criminal history. Some crimes will make him deportable and barred for life from immigrating to the U.S. Some crimes will make him inadmissible and also unable to get a green card. And some crimes have no immigration consequences all. Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your criminal history.... Read Answer

A legal analysis of the immigration-related consequences of your shoplifting offense requires significantly more information. Under some circumstances the USCIS may treat a misdemeanor as a felony and may treat a dismissal as a conviction. Even in instances where a dismissed charge ultimately will not stand in the way of naturalization eligibility, it is necessary to supply a full set of court-certified disposition documents. If you had been represented by an immigration attorney from the onset, the risks and delays you now face could have been avoided. Even at this late stage it would be wise for you to engage an immigration attorney to review the court-certified disposition documents before submission of a response to the N-14 Request for Additional Documents.... Read Answer

A U.S. citizen must be age 21 or older in order to become eligible to sponsor a parent for immigration benefits. It would be wise for you to consult with an immigration attorney who could advise you about eligibilities, options and strategies and then could be engaged to prepare application packages that could be filed as soon as you reach age 21.... Read Answer

You need to file the appropriate forms (I-130 and I-485) to start the process. Your spouse must also meet the poverty guidelines in order to sponsor you, or else you will need a co-sponsor. And you must be able to document that your marriage is real and not a sham marriage for immigration benefits. Depending on how you entered the U.S., you may need to go through consular processing in your country of origin. There is no set fee schedule for how much an attorney charges for his or her services. All attorneys charge differently depending on their experience, locality, complexity of the case, etc. I suggest that you interview a number of attorneys and retain the one you feel most comfortable with and can afford.... Read Answer

You are correct in understanding that even a single criminal offense, and especially one potentially involving moral turpitude, such as a theft-related offense can have serious immigration consequences. A full analysis of the consequences of your petty theft offense, resulting in a year of probation, would require careful review of a full set of court-certified disposition document (you would need those documents anyway in connection with any naturalization or other application you may file). I certainly hope that you were represented by a criminal defense attorney familiar with the immigration consequences of criminal matters or that your criminal defense attorney collaborated with an immigration attorney for that purpose. If that was done, then perhaps the ramifications of the arrest will have been minimized. Note that some criminal offenses not only can make a foreign national ineligible for naturalization, but even can have more harsh consequences. It would be a mistake to apply for naturalization (not an application to get a U.S. passport - that can happen only after a foreign national becomes sworn-in as a naturalized citizen) - without representation by an immigration attorney.... Read Answer

Anything is possible, but more information is needed. How old are you? Are you a U.S. citizen? Why is he being detained I'm assuming without bond? Does he have any criminal history? There are many factors that need to be considered. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case an) advise you of your options.... Read Answer

There is no one right answer for the question, but we favor married and filing separately if the individual is overseas. Your tax status is in my understanding determined on your marital status at the end of the calendar year. If you were married this year and your spouse is in the US, you should file a joint tax return or file as married filing separately.  For filing jointly, you should be able to work it out so that your spouse files with you with a taxpayer identification number (ITIN). Any of the accounting service should be able to assist you and your spouse with doing that. 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 there is already an order of removal/deportation, it may be too late to save him. When did the Immigration Judge order his removal? He only has 30 days from the date of the Immigration Judge's order to file an appeal with the BIA. Why is he being deported? How long has he been in the U.S.? Does he have a criminal history? Was he here illegally? Did he overstay his visa? Did he have an attorney represent him in the removal hearing at Immigration Court? Does he have family in the U.S. that are either U.S. citizens or Legal Permanent Residents? These are all questions that need to be answered before I can give you a viable answer to your question.... Read Answer

It depends on whether or not you qualify for asylum. Interviews are taking about 2 years, and you can qualify for employment authorization after about 180 days. However, if you file a frivolous asylum application, you could be permanently barred from obtaining any immigration's benefits. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What is your status? Are you a U.S. citizen? Legal Permanent Resident? Undocumented? Was he deported or just sent back to Mexico. Since we do not have all the facts, it is impossible to give a meaningful answers. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. (S)he would then be in a better position to analyze his case and advise you of your options.... Read Answer

It's possible, but it's going to be complicated. You're going to have to show that the marriage is bona-fide and not just for immigration purposes and will have to show documentation of the bona-fide marriage. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. With that being said, you may qualify for asylum. However, a complete review of all the facts of your situation would have to be made.... Read Answer

Generally a U.S. citizen may sponsor a spouse regardless of whether the U.S. citizen previously was convicted of a felony. Of course, there are many other details that impact eligibility, and it would be wise for you and your fiance/fiance to consult with an immigration attorney who, after learning all of the relevant facts about both of you, would be able to advise about immigration eligibilities, options and strategies and would be able to offer legal representation for the often quite complex application process.... Read Answer