Florida Immigration Legal Questions

  Although Puerto Rico is part of the United States, it is an outlying part and there are probably more chances of encounter with DHS personnel. If your felony would bar you from the United States without any chance of relief, then it could become problematic for you to travel to Puerto Rico. 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

  Probably your husband's chances of success depend upon the reason for which his visa was revoked 17 years ago and whether those grounds are no longer applicable. Your reference to the code section is incorrect and so it is difficult to know what were the grounds of revocation. If they were because he did not present enough evidence of ties to the home country, your fact situation seems to indicate that he has enough at this time. Good luck on his visa interview if that is the case. 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

  A 10-year-old child who is a US citizen and has been abroad for five years plus should have no problems upon return as long he or she is properly documented with a US passport. There is no penalty fee that we know of. 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

Based on your facts, I don't think you would be inadmissible due to the overstay and thus not be required to file a waiver so I see no problem there. As far as applying to enter the USA on a tourist visa and then adjusting status, that is preconceived intent and is illegal. Why? because you are stating that your intent is just to visit but your real intent is to remain permanently. I suggest that you do everything honestly and go through the spousal visa route. When you guys filed the i130 did you put down that you are living outside the USA? Retain counsel here in Florida for representation. ... Read Answer

I assume by citizenship that you mean naturalization and will reply with the assumption. Generally speaking, U.S.C.I.S. is supposed to make a decision in naturalization cases within 120 days following the interview. That being said, there are many naturalization cases that take much longer and there is no definite date for completion. Your alternatives seem to be to keep pursuing U.S.C.I.S. to take action through the U.S.C.I.S. Contact Center, try to follow the procedure to follow up with the local office in Orlando (if there is a current procedure), request assistance from an attorney or your local congressman or senator to attempt to obtain action, or sue the U.S.C.I.S. field office in federal court to make a judgment on your  case. (A U.S.C.I.S. service request with an expected date of reply does not mean that you will obtain a substantive answer – only some communication from the agency). 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

more facts are needed...your priority date must be current in order to adjust status through marriage to a Lawful Permanent Resident. Also consider working with an attorney because starting February 24th, the affidavit of support requirements will be severely tougher to meet. Good luck.   ... Read Answer

An I-90 application to renew the green card requires the taking of biometrics at which time U.S.C.I.S. will have access to information concerning any arrests or dispositions concerning you. There are many misdemeanors that are also deportable offenses. You may wish to consult with an immigration lawyer who can go through your situation and advise whether you might have a problem in trying to renew the green card and what your options might be if that is the case. 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 I-526 EB-5 petition does not depend in any way upon the petitioner's marital status. You may or may not choose to notify U.S.C.I.S. of the change in your marital status at this time. You will have to show the proof of your marital status in the next phases after the I-526 adjudication assuming that it is approved.  Yours is a common problem brought on by the fact that U.S.C.I.S. has had an extended period of adjudication for I-526 petitions because of the number and complexity of them. However, the agency did announce recently that it would speed up adjudications for those from countries with little or no immigrant visa backlog in the category.  Hopefully that will help your case.That means however, that it will be conversely further backlogging countries which currently have long EB-5 backlogs, notably China. 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

Since  a C-1/D visa is dependent upon a finding of nonimmigrant intent, and you were previously denied for having applied for an immigrant visa, there is a good possibility that you will again be denied because of the rejection of your K-1 fiancé visa. You should of course tell the truth on all visa applications. If you decide to apply for a new C-1/Ds and are denied, you and your fiancée should think seriously about him or her directly applying for your immigration through marrying and applying for an I-130 petition and then building up the proof of the bona fides of your marital relationship. 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

In the States for adjustment status to permanent residence, all parties that are being petitioned for and applying for adjustment of status must appear at the interviews in our experience. 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

Domestic violence convictions can bring much trouble to immigration cases, but it is difficult to state anything one way or the other about your husband's situation as there are not enough facts to make an assessment. However, the fact that the interviewing officer said that she did not care about that case and that everything was going to be fine is a good indication that it may not be a determining factor. It is standard practice for any case involving crimes to be reviewed by a supervisor before final adjudication. 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

We have received many messages from Immigration saying the same, and is still takes U.S.C.I.S. a long time to make adjudications on the cases. While I am not saying that the cases are resting in a drawer, it does seem as if the work is very slow. 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 to factor in household size , your adjusted gross income and the poverty guidelines. Discuss with counsel here in Florida to see if you meet the minimum income level to be a financial sponsor. If not then a joint sponsor needs to be engaged. If this is a sponsorship for a non immigrant visa then different rules apply. ... Read Answer

Generally speaking, persons who are the beneficiaries of sibling I-130 petitions are able to obtain visiting visas to come to the US. Most American consular officers are realistic and they know that the sibling category takes approximately 12 years, and family members may wish to visit the US during those years. In most cases where the visa applicant is able to show sufficient ties to the home country, consular officers will issue visiting visas. 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

When your fiancé entered the country, did she have the intent to visit or did she have the preconceived intent to marry you, after her overseas divorce is finalized, and adjust status? It’s possible to adjust status but this question and others would need to be discussed. Discuss with counsel here in Florida.... Read Answer