Florida Immigration Legal Questions

As the crime with which you are being charged is a misdemeanor in which the maximum jail time is one year, and this is not the type of offense which can be construed to be an aggravated felony if you are sentenced to one year, you are not deportable if convicted. I further note that the offense of indecent exposure is generally not regarded as a crime involving moral turpitude. 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. Immigration generally has little interest in stopping people from leaving this country. Unless you are a person of significant interest, you would be allowed to leave. At most, individuals leaving the country are sometimes required to show that they have paid taxes (sailing permit). 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

To file for your mother in Jamaica, you would file form I-130 Petition for Alien Relative to the U.S.C.I.S. lockbox in Chicago with the $420 filing fee. You would have to include proof of your U. S. citizenship and birth certificate to show that she is your mother. 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

An individual granted asylum cannot apply for adjustment of status through form I-485 until one year has passed since the asylum was given. There is no deadline for application after that. If you cannot pay the $1070 filing fee, you can request a waiver on Form I-912 Application for Fee Waiver. 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

  I would need more information about your case to better advise you.Can you tell me?  When and how did he/you last enter the US? How old are you? both?? How many times have you/he entered the US? Has anyone in your family ever filed for immigration benefits for you or your parents?  I am not sure who the immigrant is and what their status is. I would be happy to discuss your case. We offer free consultations as well.... Read Answer

You will not be permitted to use the ESTA/Visa Waiver again. You will need to obtain a tourist visa from the US consulate in your home country if you wish to return. If you overstay 6 months you cannot return for 3 years(10 years if you overstay a year and then leave).  It is not likely that they will deport you (unless you are arrested under some separate crime). ... Read Answer

Hello,   You do not say how long you overstayed in the U.S before you left the country and triggered the unlawful presence bar. The unlawful presence bar requires you to stay outside of the U.S. for 3 years, if your overstay in the U.S. was from 180 days to one year, and up to 10 years if your overstay was more than one year, and you left the U.S. and tried to obtain a green card. You would only make your case more difficult if you tried to renter the country illegally, even if you married an American citizen. Depending on your immigration and criminal history you may be able to file for an unlawful presence waiver and it would be advisable for you to discuss your case details and future plans with an experienced immigration lawyer in your local city before you make any decisions. If you are granted this waiver, you would be able to return to the U.S. to join your spouse without  having to remain abroad for the three or ten years time frame. Good luck.   This information is of a general nature and is not, nor is it intended to be, legal advice. Please consult your immigration attorney with your specific case details for legal advice for your situation.... Read Answer

The law does not provide for a parent to stay and obtain a work permit on the basis that there is a 2-year-old U. S. citizen child. If there is something seriously wrong with the child medically and the problem cannot be taking care of in Egypt, U.S.C.I.S. may entertain allowing a parent extensions of stay or even perhaps deferred action on removal if the circumstances warrant such action.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

Before 1976, just born children could sponsor their parents for US immigration. The law was then changed so that the children now have to be at least 21 years of age to sponsor. While you may be able to immigrate through other means, immigrating through your 6 month old son is not possible.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

Under most conditions, the child of a U.S. citizen who is born in another country is a U.S. citizen at birth. Locate the nearest U.S. Embassy or Consulkate to where you are living ands ask about the process for obtaining a Consular Report of a Birth Abroad.  There are strict requirements to documents the facts, such as your own citizenship status, and that the child is yours, so follow their instructions carefully.  Good luck.... Read Answer

I am slightly confused by your interposition of form I-90 replacement for alien registration card with form I-485 adjustment of status application for permanent residence. I will assume that you are a US citizen and that your wife can file for adjustment of status based upon her marriage to you. For her to work, she would have to submit form I-765 application for employment authorization along with the I-485. She could expect to obtain employment authorization within 90 days. As part of the immigration process, you must provide an affidavit of support guaranteeing to support her when she immigrates. The affidavit of support form is I-864. In the event that you do not have the wherewithal to support her following your reading of the federal poverty guidelines, you are allowed to have a cosponsor who can guarantee her support.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 deci... Read Answer

The naturalization form requests information on all arrests and citations whether in the US or overseas. You should present proof of your payment of the fine. If there was an arrest record, you should obtain that also. 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

I believe that you can advise your congregant that he may be eligible for Pres. Obama's program, Deferred Action for Childhood Arrivals. Such is available for individuals who entered the US prior to the age of 16 by June 2007. He has satisfied another of the requirements of having graduated from high school and so should be able to make the application on form I-821D. Following such approval, he would be given an employment authorization card with which he could obtain a Social Security number and work. The program would also allow him two years of deferred status to stay in the US after which there is possibility of further extensions. 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

US immigration law does not punish the parents for the crimes of their children. You would not face deportation because of the acts of your daughter. 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