Colorado Immigration Legal Questions

Aftercmarriage your fiancé will first need to become a lawful permanent resident. There is no direct path to citizenship based upon marriage to a United States citizen. While you and your fiancé may marry during her trip to the United States, she cannot use a tourist visa to enter the country with the intent to seek permanent residence. Such conduct can lead to serious repercussions including s permanent bar to admission. After you marry, you can start the immigrant visa process but you spouse should depart the country in compliance with her authorized stay. If you do not want her to leave after marriage then she should enter on a fiancé visa. This visa allows her to enter the country for the purpose of marrying and seeking permanent residence. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

The answer depends upon your current immigration status. If you hold an H-1B or L-1, you could return with a valid, unexpired as both allow for dual immigrant and nonimmigrant intent. If, however, you hold a nonimmigrant status that does not allow for dual intent, you will need an approved advance parole document. To obtain an advance parole document, you will need a basis such as a pending application to adjust status to a lawful permanent resident. The process typically takes 90 days but can be expedited. I encourage you to consult an attorney ASAP to start the green card process. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You will need to establish you entered your marriage in good faith. Having a child with another person while married can call into question your reasons for marrying. It is important that you be prepared to be truthful and fully document the good faith nature of your relationship. I encourage you to work with an experienced immigration attorney if the child is not your husband's biological child. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Your father-in-law may be able to return depending upon why he was removed from the country. Not everyone removed from the country can return. Assuming your father-in-law could return, the first step would be to have a spouse, son or daughter, parent, or sibling file an immigrant visa petition on his behalf. He may require a waiver to return. Most waivers are based on extreme hardship to a qualifying relative. You can read more about family immigration at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

More information is needed to assess the matter. It is not clear why you wish to bring this person to the United States. Assuming you wish to bring this person to the United States to marry, your option is limited to a fiancé visa petition. Typically, you must have met in person within the past two years to qualify for a fiancé visa petition. However, there are exceptions if you can demonstrate that you cannot meet due to hardship or due to religious/cultural reasons. Requesting an exception is never easy but if you can document your mother's need for care, you may qualify. You can read more about the fiancé visa petition at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

A Lawful Permanent Resident who has been outside the U.S. without a reentry permit for 1 year or longer is presumed to have abandoned his green card.  Therefore, at entry, he will be given a choice to 1) enter the U.S. and defend his green card in immigration deportation proceedings or 2)  not enter.  He should chose the first option and then hire an experienced immigration attorney to defend him.  ... Read Answer

Your fiancé is going about things the wrong way if he wants to avoid being deported. He has only compounded his issues by now violating his probation. Your fiancé can now be sentenced to a term of imprisonment, which significantly increases the risk of being placed in removal proceedings.  In addition, he will not be able to obtain legal status until his criminal issues are resolved. It is not clear what, if any, Perth to residence he has as there is not enough information to make an assessment.  Your fiancé needs to speak to both a criminal and immigration attorney as soon as possible. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read Answer

Your fiancé is going about things the wrong way if he wants to avoid being deported. He has only compounded his issues by now violating his probation. Your fiancé can now be sentenced to a term of imprisonment, which significantly increases the risk of being placed in removal proceedings.  In addition, he will not be able to obtain legal status until his criminal issues are resolved. It is not clear what, if any, Perth to residence he has as there is not enough information to make an assessment.  Your fiancé needs to speak to both a criminal and immigration attorney as soon as possible. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read Answer

You have every right to have lost confidence in your attorney. You may demand a refund of the fees paid to him. He may be entitled to retain fees earned but not necessarily the full amount you paid. You have to be prepared to pursue the matter in arbitration or court. You should contact the local bar association. ... Read Answer

It would be possible for you to go to South African, get married and then begin the process to bring him to the US. As you stated, you can also take the K visa route. The K visa is not necessarily more cumbersome, but the immigration service usually wants to see that you have met in person at least twice. The K visa route can also be a little faster, but you would be on a strict timeline for getting married upon your fiancé’s entry.  ... Read Answer

The children will need to apply for B2 visitor visas. The application is submitted online and the kids will need to appear for an interview with their parents. They will likely need documentation from the parents authorizing the trip and a letter from him staring he will be caring for them. You can read more about visitor visas at  http://myattorneyusa.com/travel-visas.... Read Answer

Your best path to the green card of the three choices that you present is probably of going through a company on an H-1B and perhaps later being sponsored for PERM labor certification, I-140, and either adjustment of status or consular processing for an immigrant visa. Small startup businesses by friends more times than not have problems meeting immigration standards for green card sponsorship. Investment may lead to a nonimmigrant visa (E-2) if your country of nationality has a treaty of navigation and commerce with the US. However, a smaller size investment does not normally lead to a green card. Investment green cards are through the EB-5 program which currently has investment levels of $1 million or $500,000 in areas of high unemployment or away from the cities. (I note that EB-5 regional centers have in many cases done away with the two conditions on the $500,000 investment by gerrymandering the project areas in way to even have investments in affluent parts of cities). 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

You do not appear eligible for a green card based upon the information provided. Ownership of a residence and earning a degree in the United States do not provide a path to lawful permanent residence. Many individuals who earn degrees in the United States pursue a green card through employment. You can read more about employment-based immigrant at http://myattorneyusa.com/employment-immigration.... Read Answer

Your mother-in-law will be presumed to have abandoned her residence. It does not matter if her green card continues to be valid. Any stay outside the United States of a year or more triggers a presumption of abandonment. Your mother-in-law could apply for an SB-1 visa at the U.S. Embassy. To be successful she will need to thoroughly document her medical condition and establish she did not intend to abandon her status. The other option would be to have a new immigrant visa petition filed on her behalf.... Read Answer

Hello. The burden of proof would be on your father to prove he is who he claims to be.  There are seveal ways to prove this from sworn affidavits through dna testing from his parents. My office has assisted several clients in the same situation. Call my office for a free consultation.... Read Answer

Hello. If you are a US citizen you can apply to adjust his status in the US since he entered legally. There may be a problem regarding his domestic violence conviction. If it rises to the level of a crime of violence then his adjustment will be denied and he will be placed in removal proceedings. The DUI will not bar him from adjusting status. Please contact my office to provide me specific information about his domestic violence charge.  I offer free consultations.... Read Answer

Hello, If you entered under the visa waiver program the only manner of remaining in the US is if you are married to a US citizen and they file for adjustment of status for you. Otherwise you would have to leave.  If you overstayed your time over six months you will need a waiver to return to the US for accruing unlawful presence.... Read Answer

Your H-4 visa is dependent upon your husband's continuing H-1B status. If the denial of his application would place him out of status, you should not be thinking of traveling at this time. If the denial is of a future position and would not affect his present H-1B position, then you may be able to make the trip as your husband would still be maintaining status even if there is a denial.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

That depends on the lawyer.  We generally believe that consultations are general in nature to go over client situations, and not to check applications filled out by them. 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