Florida Immigration Legal Questions

The process will depend upon your husband's immigration history. It is important to know if your husband is in the United States and if so, how did he enter and was he ever in deportation/removal proceedings. If he is not in the country, it is important to know whether he ever was and if so, in what status, how long, and whether he was deported/removed. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The fact that your daughter was born in the United States will likely have no impact on your request to immigrate through EB-5. You must meet the eligibility requirements for EB-5. USCIS will scrutinize the petition but not because of your daughter. All EB-5 petitions are scrutinized. I hope you are working with an experienced immigration attorney. You can read more about EB-5 at http://myattorneyusa.com/investment-immigration.... Read Answer

Unfortunately, the asylum offices are extremely backlogged. Applicants are waiting two to three years to be interviewed. You can find affirmative asylum interview scheduling at https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin. Hopefully, you are using this time to prepare your case.... Read Answer

Unfortunately, you could not obtain a visa or nonimmigrant status based upon the information provided. Under United States immigration law, you cannot change status if you failed to maintain status. You could not simply apply for another visa abroad, because you have accrued sufficient unlawful presence to trigger a bar to admission. This bar can only be waived in limited circumstances. In addition, work permits are tied to immigration status. You could potentially qualify for DAPA but the program is tried up in federal court litigation. ... Read Answer

Being a permanent resident for purposes of U. S. taxes is not the same as being a permanent resident in the eyes of the Department of Homeland Security. You would have to qualify under a recognized basis such as family relationship, employment-based immigration, asylum, investment, 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 Answer

U.S.C.I.S. may be asking for complete bank statements for 3 consecutive months to ensure that your husband is not merely putting in a large amount of money for one month into his account. If the money is in the account for the 3 months, that is probably good enough even without any transactions in the account. If you wish, you can add an additional sponsor. If you do so, you may consider having him or her submit a job letter and tax return in addition to the bank statements and affidavit that you propose. 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

The answer will depend upon your immigration status prior to the divorce as well as what stage in the process any pending case was at the time of divorce. Could you provide additional information about your immigration history?  You can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read Answer

Each case must be reviewed on its own merits. The applications were likely under review by different officers. It may be time to engage an attorney. An attorney could appear at an infopass appointment on your behalf to attempt to ascertain the reason for the delay. An attorney can also to legal action against USCIS if necessary. You can read more about deriving citizenship at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

You must be married. A civil union is not a sufficient basis through which to pursue a green card. The good news is you can marry in any state and once married you could pursue a green card. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You should file Form I-90 immediately to seek renewal of your green card. The other option would be to file for naturalization if you were eligible and wished to become a citizen. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

Unfortunately treaty investor visas (E-2) depend upon the person having a passport of the treaty country. Having permanent residence and a property in Spain is not the same and does not qualify you to be considered an E-2 alien of Spain.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

Marriage to a United States citizen conveys no status upon you. You continue to be in CPT status assuming you are maintaining said status. Otherwise, you are not in a valid nonimmigrant status. You may work on either work permit. You will be out of status if you drop out of school. You would not have a status at that point but you could advise the DMV that you are pending adjustment of status. You should take your EAD and all case related documents to the DMV.... Read Answer

Hello. It depends upon your criminal/immigration history, if you were deported for an aggravated felony you will never be able to return, if you were deported for another reason then usually it will be for ten years if through an immigration judge, if through Customs and Border Protection then usually it is five years but it is still difficult to say exactly how long without knowing your exact circumstance. Please contact me for a free consultation for case specific information.... Read Answer

Hello. If you husband is staturtorily eligible for cancellation of removal he can apply for a work permit before his next court date.  If he doesn't have an attorney for his removal proceeding I highly recommend he gets one as soon as possible.  Removal proceedings are very difficult and effective representation should be sought. Please call for a free consultation, I represent clients throughout the US.  ... Read Answer

Hello. A conviction for domestic violence can be considered a crime of violence and therefore make a noncitizen removable from the United States. If you only have an injuction or temporary protective order pending without a conviction then as a lawful permanent resident you would not be subject to removal. Have your criminal attorney do the best s/he can to ensure you don't receive a conviction that rises to a crime of violence. For additional information specifically pertaining to your case please contact me for a free consultation.... Read Answer

Hello. Since your husband entered without inspection he would have to leave the country to obtain his visa at the US Consulate. If you are a US citizen and will suffer extreme hardship if your husband is seperated from you he may qualify for a waiver where, if approved, he would only be out of the country for a few days. If not then he can apply for a travel permit through his DACA and if approved he may be able to receive his permanent resident status in the US. Please call my office for a free consultation and I'll be glad to further evalute your husbands case and offer the best course of action. Samuel J. Zermeno, Esq.... Read Answer

Hello. Your marital status is not a factor for naturalization.  If you were to divorce while your n-400 is pending just take your divorce decree to your appointment. If you have conditional resident status you can file for a waiver if you are no longer married, but if you are a permanent resident then you do not have to be married to retain your status or to naturalize. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer