California Immigration Legal Questions

Normally, the criminal history of the U.S. citizen spouse does not play any role in the immigration process, with some exceptions such as the Adam Walsh Act. USCIS is more concerned with the criminal history, if any, of the beneficiary/alien. So unless your spouse falls into one of the exceptions, you should be alright.... Read Answer

She has options to fight the the cancellation of her green card. A lot will depend on her intentions at the time she left, and if she has ever returned during the 5 years outside of the US. Generally speaking, if a LPR (green card holder) has left the United States for longer that 1 year (without advance parole) the presumption is that they intended to abondon their LPR status. But, the burden is on the government to prove her intentions. If you are able you should hire an attorney as soon as possible.... Read Answer

If he has never entered the U.S. without inspection, and he is currently in Mexico, then you would need to apply for either a K1 Visa (fiance visa) or a K3 Visa after you are married. If you can prove that you two are in a real relationship and have met each other in person, then you should have no problems applying for a K1 visa. You should seek the assistance of an immigration lawyer to help you with your petition.... Read Answer

You should cosider hiring a lawyer as soon as possible. The 601 waiver is very complexed and if it's filed incorreclty your waiver will be denied. In order to file a I-601 waiver you will need to contact the NVC to informed them that the adjustment of status of interview will be conducted outside of the United States. You will need to give them the country and embassy location where you want the AOS interview. You only have one year from the date it was approved to conduct your interview. Second, when filing the 601 waiver you will have to show that both parties will suffer an extreme hardship. USCIS doesn't have a hard rule for what is an extreme hardship but uses a 5 part test.  Last, it is currently expected that President Trump may restict the use of those waivers. So if able you should consult with an attorney and file your waiver as soon as possible.... Read Answer

I dont really understand your question. If you are asking can you travel to Hawaii from California on an expired visa the depends. In order to board any airline inside of the US you will be required to show a valid id. Thus, you could show your valid passport and be allowed to travel to Hawaii. Is it possible that someone at the airport may notice that your visa is expired and notify ICE. Who knows.... Read Answer

You are asking attorneys to provide guidance about violating this country's immigration laws. Your mom should not overstay. She should depart in compliance with her authorized stay. You can always file an immigrant visa petition on her behalf after you have naturalized. Your mom should not file a request to extend her stay. She would be making a misrepresentation as she has no intention of departing the U.S. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You do not file for asylum in order to work legally in the country. Asylum is for individuals who have a well-founded fear of persecution in their home country on account of race, religion, nationality, membership in a particular social group, or political opinion. You have made no mention of an actual fear of returning only that you wish to work here. There are serious consequences for filing a frivolous application. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

1. There is always a risk. You entered on a nonimmigrant business visitor visa. Did you disclose your intent to seek employment when entering? USCIS may find that you entered with the intent to change status, which is not allowed.  2. The new employer must file an H-1B petition in your behalf. This petition must be approved. You can then enter the U.S. on a valid H-1B visa. You can read more about H-1B visas at http://myattorneyusa.com/work-visas.... Read Answer

Assuming that you are a US citizen and that your wife was admitted into the US with inspection, then you should contact an attorney asap to assit you with filing the adjustment of status paperwork. Immigration laws are constantly changing and the laws are becoming more complex. If your paperwork is not filed correctly and in order you run the risk of your wife being sent back home.... Read Answer

Based on your description, you are subject to the 10 year bar because you overstayed your permission over one year. Whether or not when you apply for US visa your overstay would be discovered is a complete story. If you lie on your visa application and if the consulate discovers the lie you will be barred forever from getting a US visa unless you receive fraud waiver. Please consult with immigration lawyer for advise.... Read Answer

I am assuming that you were never fingerprinted and booked, and was released at the scene of the police stop. If you were never arrested or cited, the chances of anything being found are slim. Your name on a police report, most likely as a witness or party at the scene of the stop and investigation, most likely will not be found on a background check.... Read Answer

You can seek renewal but must be prepared to lose the filing fee. Unfortunately, I cannot guarantee you will actually have your DACA application renewed. President-elect Trump has said he will end DACA on day one but has changed position on so many issues it is hard to predict what wil be done. ... 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? Is your fiance in removal proceedings or has he just filed with the Asylum Office? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you or your fiance contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your fiance s situation. (S)he would then be in a better position to analyze his case and advise you of your options.... Read Answer

You will no longer be eligible for a green card based upon the immigrant visapetition filedxin behalf of your husband if you divorce prior to the green card application being approved. You will not lose your lawful permanent residence simply because you divorced your husband after receiving your green card. ... Read Answer

Applying for an F-1 visa is not a good idea. First, your F-1 visa will likely be subjected to administrative processing. Second, the consular official will likely suspect that you intend to work without authorization for your U.S. company. You may be seen as someone trying to circumvent the laws. Keep in mind that is your burden to establish eligibility for an F-1 visa. You must satisfy all criteria. Your L-1 visa will likely make it difficult. I would encourage you to speak to an attorney about the L-1 visa as you could develop your business and take classes with such status. You can read more about L-1 visas at http://myattorneyusa.com/work-visas.... Read Answer