California Immigration Legal Questions

Children who turned 18 years of age before the effective date of the CCR on February 27, 2001, may only obtain derivative citizenship under the old statutory provisions that were found in then INA § 321. These provisions apply to children who were under 18 years of age at any time between December 24, 1952 and February 27, 2001, but not after February 27, 2001 [in which case the child is eligible under the provisions of the CCA found in INA § 320(a) and (b)]. Under the former INA § 321, a child may acquire citizenship if his or her parents meet any of the following conditions: Both parents naturalize; One surviving parent naturalizes if the other parent is deceased; One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or The child's mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimization. For more informaiton, please read here: http://myattorneyusa.com/deriving-citizenship-through-parents-after-birth... Read More

"long standing ongoing victimization and criminalization from immigration violation"? Well... This is quite a phrase you constructed! Even when the phrase is digested and comprehanded in the context of your brief explanation, your post in its entirety does not do justice to explaining what it was that you wanted us to render an opinion on or provide suggestions for. So one would need to make many assumptions before trying to answer. One example would be assuming that you are seeking to force/push respective administrations of those states to pay attention to immigration violations, coordinate with Federal government on immigration enforcement and stop shielding the violators from legal responsibility under US federal law. Well, if this is the case, I agree with you. However, you would not have standing to accomplish this task and will have to wait until Federal government dukes it out with the states in court or via congressional or administrative action. ... Read More

CBP was of the opinion that it was over 90 days not under 90 days. They do have the discretion to do what they did. You can seek a visitor's visa at the US consulate now and there, at the consulate, fight this fight by presenting your arguments and explanations to the contrary. Depending on the manner in which you departed the US airport - allowed to withdraw your application for admission or ordered deported, if you succeed to convince the consulate, you could be issued a visitor's visa. ... Read More

Probably not. The devil is in the details and this is what is lacking in your post. As a general rule, it is not immediately clear that she had harbored the intention to leave you all along and that she actually married you for a predominant purposes to circumvent US immigration laws.  That could have been a number of intervening factors which could have pushed her to where she ended up. Factors that could have had nothing to do with fraudulent intentions. ... Read More

If you passed an immigration inspection coming back to the United States with your California ID, you would appear to meet a requirement of adjustment of status in the US which is to either be inspected and admitted or paroled. You would have the burden of proof to show that you actually entered through this method. In addition, dependent upon the circumstances, you may have to overcome some obstacles including obtaining a waiver for misrepresentation based upon what happened at the point of inspection or obtaining a waiver of the 3 or 10 year bar if you illegally stayed in the US for 180 days or one year respectively (dependent upon your status) before going outside and coming back into the 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

He can request the appeal of forgiveness but there is no guarantee that it would be approved. Please contact my office and speak with the senior immigration attorney. What is the current status of the Visa Petition? Does he have a ban? Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have an Immigration lawyer available in California. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in California.... Read More

Immigration Law is very complex and very fragile to be tampered with. Your parents are in USA for over 20 years but are they Permanent Resident (legal status) or what? Also, your husband has been deported, most likely he may get a 10-year ban. What is your legal status, and this is the very complex case. There are many immigration lawyers in CA. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have an Immigration lawyer available in California. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in California.... Read More

You have hit the nail on the head as to the dilemma that permanent residents face who have remained outside the country for longer than the period of time allowed under the green card. It is the bother, cost, and time of waiting and filing a new petition as opposed to having the person come in and take his/her chances with CBP at the airport with the understanding that a refusal would either have the individual leave the US and surrender the green card or challenge the CBP decision in an immigration court. A loss there could subject her to an order of removal. You should discuss these options with your mother and see what is her tolerance level of risk before you both decide what to do. 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

I assume that before your father was deported, he pleaded guilty to having less than 2 ounces of marijuana. Under the immigration laws, a waiver can be allowed for up to 30 g of marijuana possession for personal use. If the amount was 30 g or less, he may be able to be petitioned for permanent residence by one of the daughters if over 21 and a US citizen. As you say that he has already missed out on about 18 years of family life, I assume that the offense was committed over 15 years ago. He can obtain a waiver of such offense if the admission of your father would not be contrary to the national welfare, safety, or security of the United States, and he has been rehabilitated from the use of marijuana or other drugs. Another basis for waiver would be proving that one of his children would suffer extreme hardship if the qualifying child is a US citizen or permanent resident. If the amount was over 30 g, he might be able to apply for a visiting visa, in which case he would have to make the application, be denied, and the Consulate would have to recommend a waiver to the Admissibility Review Office of U.S.C.I.S., which would then make the decision taking into account the seriousness of the offense, its recency, potential harm to society if he is admitted, rehabilitation of your father, his reasons for coming to the United States, etc. 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

You can get married at age 18. If you are a US citizen, you can sponsor your fiancé immediately after you both get married. The government filing fees are roughly about $1,600 if your to be spouse adjusted his status in the USA. Does he have a criminal record ? Are u employed? You have to show sufficient income to sponsor him, or else you have to find a cosponsor. Roughly $22,000 income on your tax returns is what you need to show or else find a cosponsor. Also needed to know is whether your fiancé has any entries into the USA without inspection or any unlawful visa overstays. The whole process from start to finish takes about a year- California is running longer though. You should work with immigration counsel to help you. Good luck. ... Read More

There are multiple grounds that you report that would render your wife inadmissable. That being said, If you are a US citizen, you can sponsor her for her green card, but the Department would require you to file a Waiver of Inadmissibility, to get around the multiple frauds she perpetrated by a) presenting someone else's birth certificate to gain entrance,  as well as b) illegally entering the country. You need to find a skilled immigration lawyer to review a complete picture of all the facts of your wife's case who can advise you of all your rights and the risks she is taking before she decides to apply. Good luck... Read More

As it is already close to January and your fiancée will be turning 21 in July, perhaps your best move would be to file for the K-1 fiancée visa, which normally takes at least six months to approve at U.S.C.I.S.  Consular processing thereafter usually takes another couple months. Probably by the time that your fiancée goes for her interview at the consulate, she will already be over the age of 21. Even if under the age of 21, she may be able to postpone the interview for the one or two  remaining months which are required for her to turn 21. In addition, from scanning the information on Honduras, females appear to be able to marry at age 18 with parental consent, but I believe that you already know this.  If not, your fiancee could bring proof of parental consent to the interview if still under 21. 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

When you are ready, you can submit form I-212 application for advance permission to reenter the US after removal. You should of course fully document the application with all your equities including family members who are US citizens or permanent residents, hardship to all members of the family including you if your application is denied, and anything that you have done positively that can be looked at. If you are also barred because of unlawful presence in the US, you will also have to file an I-601 application to waive the bar of inadmissibility in which the primary concern will be proving extreme hardship to a US citizen or permanent resident parent or spouse if the application is denied.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

The fact that your U.S. citizen husband now is unemployed will not stand in the way of eligibility for a marriage-based adjustment of status case by which you would become a Lawful Permanent Resident (would get a "Green Card"). If the petitioner (for example, your husband) has insufficient documentable income, then it may be necessary to have a joint sponsor in the application process. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support can serve as a joint sponsor. If the J-1 visa you previously had was subject to a two-year home residency requirement, then note that you either will need to comply with that requirement of get it waived in order to be eligible for adjustment of status. If the J-1 visa did not involve governmental financing/support, then achieving a waiver may not be too complicated. Of course, there are many other details that determine eligibility. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

Since your partner entered the US legally and is a visa overstay, marriage to a US citizen (I assume that you are) would be a way for him to obtain his permanent residence. Of course, the marriage must be bona fide in every sense – otherwise both of you may be liable for fines of $250,000 each and imprisonment for five years.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

Immigration officers can take an adult away even with the minor being present in a vehicle, but should provide for the child to be taken care of instead of just leaving the minor alone. On the one hand, this is not the type of situation that any immigration officer would like to encounter, but by the same token, DHS's viewpoint may be that having a child in a car should not be a shield against an immigration stop.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