Colorado Immigration Legal Questions

Hi - it all depends on where your husband is.  I assume he's in the US.  The process is called adjustment of status to apply here in the US.  Whether he came in to the US legally or not will likely determine whether he can apply for adjustment of status.  For someone who came in illegally, there are some possible options to staighten out his legal status, like 245(i) or a provisional waiver for unlawful presence. Of course any criminal or immigration violation will affect his eligibility. You need to be careful, and avoid working with notaries and form preparers. I recommend speaking with an experienced immigration lawyer about his eligibility.  Out law firm helps people throughout the country. Let us know if we can help. Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.... Read Answer

It should be up now according to the May 2014 visa bulletin. However, are you in valid nonimmigrant status now as you indicate you are living in the US. In what status? Because you can only immigrate on the basis of the I-130 petition if you are in the US lawfully and the visa priority date is current.... Read Answer

The difficulty of entering the country without inspection is that you will not be able to adjust your status to permanent residence here in the country unless you have the benefit of §245(i) under which individuals can adjust status even though illegal upon payment of a fine amount so long as they had a labor certification application or I-130 petition filed by April 30, 2001. Also you are probably aware that by overstaying your visitor visa by 11 months, you are barred from the country for 3 years from the date of your leaving.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 have an interesting question, but I believe that you would likely have no problem when you apply for your green card. Most misrepresentations that we see have to do with companies and positions or family members in the US. I have not heard of a situation like yours being brought up at an adjustment of status interview.    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 the individual remained outside the United States because he himself had an illness which kept him from returning to the States, he could conceivably apply for a special immigrant visa at the American consular post. If the green card is not yet expired, he may also think about taking a chance and attempting to reenter the US and explaining his situation to the Customs and Border Protection official that he meets at the port of entry. If sympathetic, CBP may allow him to apply for a waiver to enter the country. If not sympathetic, he would be asked to surrender the green card and go home or see the immigration court. His other alternative is to have his US citizen wife reapply for his green card on form I-130.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

Your I-485 was probably denied if you left the U.S. while your case was pending and without obtaining an advance parole. Next, your I-130 should not have been denied just because you left on advance parole. Unless, there is an independent basis for denying the I-130 as well. I believe that hiring an experienced immigration attorney may be the best thing you can do under these circumstances.... Read Answer

If CIS has forwarded the Notice of Approval of your wife's petition to the National Visa Center, the next step in the process is likely that NVC will be sending you some forms and information with respect to filing the application for immigrant visa and affidavit of support for which, you must first make the payment. Subsequently, you will need to provide all the necessary documents that will be sent to the US embassy in your wife's country for scheduling her immigrant visa interview.... Read Answer

One of the requirements is that you prove that your wife will not become a public charge in the U.S. It means that you have to show that you earn enough money to support yourself and your wife (for this year, if you don't have children or other dependents, the minimum amount you have to earn is $19387 a year; from January 1, 2014, it will be about $500 more). If you do not work, someone else who is a U.S. citizen or permanent resident and earns enough to support himself, his family, and your wife. If you file the petition but will not be able to provide affidavits of support when requested, you will lose the case, the filing fee, and time. Either get a job, or find a co-sponsor for your wife then file the petition.... Read Answer

It depends on what your status is. If you are a US citizen, then you would be filing immediate relative petitions and each person needs a separate petition because no derivative beneficiaries are permitted. If you are a green card holder, you can petition your husband and stepchildren all on one petition since it would be a family-based preference petition and that allows for derivative beneficiaries. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

Yes, you will be eligible to adjust status to permanent residence (green card) on the basis of marriage to a US citizen within the US and will not have to go back to your home country. The USCIS filing fees for this are $1490. If you are working with an attorney, there will also be legal costs.... Read Answer

Financial documentation in a B-2 visitors application at a consulate or embassy of the US usually involves an I-134 affidavit of support with job letter, bank letter or latest banking statement and latest tax return. Other items that might be helpful would be recent payslips, multi-month banking statements, another two years worth of tax returns, and proof of ownership of property.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 should file the I-130 immediately to shorten the time for her priority date to become current. It's currently taking at least 7 years for the F1 category. Only immediate relatives can apply for an I-601A provisional waiver. Since your daughter is already over the age of 21, she can no longer qualify as an immediate relative, even if you become a US citizen.... Read Answer