Florida Immigration Legal Questions

From looking at the U.S.C.I.S. processing time chart, it appears that naturalization interviews in Oakland Park are being scheduled between 9-10 months from the date of submission. As fingerprints are usually taken approximately 1-2 months after submission, I assume that you filed in October or November 2016. Assuming that the processing time chart is accurate and that this is a normal case, you could expect to be called for an interview within the next 2 months. 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 assume that you and your wife filed for her adjustment of status to permanent residence and you are waiting an interview at the local U.S.C.I.S. field office. Once an I-485 application to adjust status has been filed, your wife is considered in a state of grace in which she is allowed to wait in the U. S. until a decision is made on the adjustment of status application. If she wishes, she is eligible for an employment authorization card if she desires one. There is nothing else to be done at this time other than waiting for the interview and keep gathering proof of the bona fides of your union. 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 expedite an application or petition which does not allow premium processing, the petition or application needs to meet the following criteria according to U.S.C.I.S.: ·         Severe financial loss to person or company;Emergency situation;       Humanitarian reasons; Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;  Department of Defense or national interest situation (These particular expedite requests must come from an official U. S. government entity and state the delay will be detrimental to the government); U.S.C.I.S. error; Compelling interest of U.S.C.I.S.   Yo   You would probably have to prove one of the top 3 criteria for the I-130 to be expedited.   ... Read Answer

  Whether you would be able to obtain a U visa under the circumstances is questionable. There is the questions of an apportioning of blame and that no one was arrested at the time. You would need a certification from a federal, state or local law enforcement official demonstrating that you have been helpful, are being helpful, or are likely to be helpful in investigating or prosecuting a crime. Inasmuch as there was no interest in prosecuting in 2012, I seriously doubt that such a claim would be valid for purposes of the U visa today. 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 your husband is seeking a temporary stay in the U.S. only, then the appropriate visa would depend on the nature and purpose of his trip to the U.S. If your husband is interested in U.S. Permanent Residency, then you would file an I-130 Immigrant Petition for an immediate relative. Please note that filing an I-130 could have adverse implications on his ability to visit the U.S. in certain temporary (nonimmigrant) statuses so the timing of any application needs careful consideration. Please note that this information is generic in nature and is not intended to be a substitute for specific legal advice in a given situation.  If you have any questions about these issues or any other area of Immigration Law please contact our office.  ... Read Answer

To be considered a crime for U. S. immigration purposes, there has to be an equivalent to the crime under U. S. criminal laws. However, that being said, you could very well spend a lot of time and energy in showing that there is no equivalent if it becomes an issue with U.S.C.I.S. when you renew your green card or with CBP when you return to the U. S. after a trip abroad. 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 DHS, an individual whose visa expires should leave the country immediately. For certain classes of individuals on working visas, they are given a 10 day grace period to leave. Those on J exchange visitor visas are given a 30 day grace period and those under F-1 student status a 60 day grace period. 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 Visa Bulletin is published monthly by the U.S. Department of State and outlines the wait times for the various family-preference categories, as well as employment-based preference categories. A link to the May 2017 Visa Bulletin is below: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-may-2017.html Have you done an assessment of whether you might qualify for Derivative Citizenship based on your parents + any time you may have spent in the U.S.?... Read Answer

The pros and cons of filing a K-3 visa petition after submitting an I-130 would seem to be the following: Pro – generally speaking, you would get the person here faster (approximately 3 months sooner under current processing times).   Con – you would have to pay another filing fee, fill out another petition, most likely face an adjustment of status process once the person comes in with the K-3 visa, and if the I-130 petition is approved and at the National Visa Center while the K-3 petition is still pending or also at the National Visa Center, the K-3 would be discontinued. 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

First, cojnsult with your immigration lawyer. Icannot advise you if you're represnted by an attorney. I can say it would be difficult for you to qualify for a home purchase and mortgage without U.S. permanent residency or citizenship. Next, I am assuming you are in removal/deportation proceedings - you need an attorney who can debrief and brief you in order to answer your Q about returning to USA.... Read Answer

Merely being a man doesn't disqualify you from VAWA eligibility. However, that being said mere arguing is not sufficient to get to the very high standard of "battery or extreme cruelty." It may or may not affect your pending asylum but without more information we can't assess that. Did you file your asylum timely? How soon after or before the marriage? What is the basis pf the asylum claim? Etc. I have handled many VAWA cases for male victims and I am at your service should you require help with the onerous process.... Read Answer

Hello.  You are ineligible to apply for DACA because as you said, you needed to have been ehre illegally since 6/15/2012 and you were in legal status on that day.  You indicate you graduated in 2014 but don't say whether you were issued Practical Traininig or whether you are still on it.  Your father is an LPR, and if you are not eligible to follow to join, he should have filed a petition on your behalf.  There are potential avenues to resolve your situation, but I would need to discuss your case with you.  If you would like to contact my office by phone and schedule an appointment (in office or telephonic), you can.  Our number is (619) 291-1112.  If your question is solely as to DACA eligibility, I have asnwered that for you and you need not call for an appointment. ... Read Answer

Although not a guaranteed solution to avoiding court, if you intend to go back to your home country for good, you may wish to write a letter to the California Service Center since you live in Florida and you would be filing an I-751 application to that service center as it has jurisdiction over Florida. You can explain your circumstances, that you will not be remaining in the US, and perhaps give some proof such as an air ticket of your intent to depart. Upon your departure, you can also inform the Center that you have departed and give them proof of such, e.g. copy of passport showing entry into your home country.  The address of the California Service Center for I-751's is:    U.S.C.I.S. California Service, PO Box 10751 Laguna Niguel, CA 92607-1075   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 are expected to spend more time in the U.S. than outside of it. Simply owned by a home and business may not be sufficient. You must actually be residing in the U.S. If you need to be outside the U.S. for up to two years, should consider applying for a re-entry permit as it is further evidence you did not wish to abandon your residence. You can read more at http://myattorneyusa.com/returning-residents-and-the-sb-1-visa.... Read Answer

The interview was scheduled because it is the Embassy who makes the ultimate determination on whether someone is eligible for an immigrant visa under the CSPA. Unfortunately, if the calculation of his age under the CSPA was correct, there is nothing you can do to challenge the determination. Your son will need to wait for his priority date to become current under F2B category. You can read more at http://myattorneyusa.com/recapturing-priority-dates-for-family-sponsored-immigrant-visa-applications.... Read Answer

You can pursue a green card once married. Your overstay will essentially be forgiven by USCIS. Assuming your marriage is entered in good faith, you will likely receive a green card.  You will not be able to change or extend your status any other way. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You may be able to seek a U visa based upon the information provided. It will really depend upon the exact nature of the crime of which you are a victim as well as your cooperation with the investigation and/or prosecution. Not all criminal conduct makes a person eligible for a U visa. You should consult an expert immigration attorney. Innthe interim, you can read more about U visas at http://myattorneyusa.com/u-nonimmigrant-status-u-visa.... Read Answer

U.S.C.I.S. officers in our experience are not uniform in asking for a number of years that a joint sponsor must make an amount that passes the poverty guidelines for support purposes. Some will ask for one year, others may ask for more. Just going with a joint sponsor's current income and no tax returns meeting the guidelines would not be suggested. You may be able to use your own assets to add to your joint sponsor's affidavit of support, and such would be counted at 1/5 value to actual income. Please note that some officers may wish to see that the amount that you are listing of your own assets to assist with the joint sponsor's affidavit of support has been in your account for some time. 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 may be able to visit your daughters. It will depend upon what conviction led to your deportation. Depending upon the conviction, you may be able to simply apply for a visitor visa or may require a waiver. I would encourage you to consult an experienced immigration attorney. In the interim, you can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

You signed a Form I-864 in order for your stepson to become a lawful permanent resident. Your obligations to support your stepson do not end simply because he moved out of the family home. Your obligations under the affidavit of support will only end upon your stepson (1) becoming a U.S. citizen, (2) no longer being a permanent resident and departing the U.S., (3) obtaining lawful permanent residence through adjustment of status in removal proceedings, (4) earning or being credited with 40 quarters under the Social Security Act, or (5) passing away. You can read more about the obligations at http://myattorneyusa.com/sponsor-liability.... Read Answer

Most likely not. In order to adjust status to lawful permanent resident, an alien must either be inspected and admitted or paroled into the U.S. Being married to a U.S. citizen does not excuse you from this requirement. The provisional waiver may be a viable option for you. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer