Florida Immigration Legal Questions

Most likely not. You cannot adjust status in the U.S. Unless you can show you were inspected and admitted or paroled into the U.S. You will likely need to pursue the provisional waiver in order to obtain a green card. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Normally an individual who is still maintaining a nonimmigrant status is able to adjust status to permanent residence in the US without leaving. The corollary applies for consular processing that a person maintaining status in the US is generally able to obtain an immigrant visa upon interview. A concern may be how quickly the person was petitioned after entering the US as a rapid filing of an I-130 petition after entry may be an indication of misrepresentation of intent when applying for the visa or when entering the country. In the absence of other aggravating factors, a consular interview for such a person is usually successful. You mentioned that your sister was married two years ago and her husband as already filed papers for her. Kindly note that the marriage would have dropped her immigrant visa category from F-1 unmarried adult daughter to F-3 married adult daughter, and that the priority date that is being processed for final immigration in that category is 1/22/05 for the month of November 2016. As that category has an 11+ year backlog, your sister could be stuck in Jamaica unless her priority date is before 1/22/05. In that case, she may wish to wait for immigration through her husband.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 More

Not necessarily. Your spouse abandoning you is not grounds in and of itself to self-petition for a green card. More information would be needed about your relationship with your spouse to determine whether you qualify to self-petition for a green card. You can read more at http://myattorneyusa.com/violence-against-women-act.... Read More

You are illegal when your visa status expires. If you are married to an undocumented immigrant or green card holder, your status would still be illegal. In the event that you marry a US citizen, and you file for an I-485 adjustment of status application, you would be in a U.S.C.I.S. state of grace while the adjudication is ongoing.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 More

At the time you were deported, you were under two bars – one for the deportation order and the other for illegal presence. Both bars are 10 years. Assuming that you have no other bars such as for fraud or misrepresentation, you should be able to immigrate after 10 years without proof of extreme hardship if your son sponsors you for permanent residence.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 More

The status of your case appears to be that the 1-130 petition has already been approved and your brother is waiting for the priority date of 2007 to become available before he can immigrate. Currently the process is taking approximately 13 years for persons born in most countries of the world except for China, India, Mexico and the Philippines which takes longer. As your brother has already invested nine years in the process, he probably needs to only wait another four years or so to immigrate if from any country other than those four. If he has good education or working skills, he may be a candidate for employment-based immigration. If he has much monies, he could conceivably look at the US immigrant investor scheme to immigrate. For those options, he or you may wish to consult an immigration attorney for details.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 More

You may file for naturalization once you have been a resident for four years and nine months. You can calculate when your eligible by looking at the resident since date on your green card. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More

Your question is a matter of Canadian immigration law. This forum is designed to answer questions about U.S. immigration law. The immigration systems of these countries are vastly different. I would encourage you to consult an experienced immigration attorney licensed to practice in Canada for an answer to your question. ... Read More

It is unclear what you mean by reference to "the other case." If there are complications, you should of course consult with a knowledgeable immigration attorney. The beloved advice pertains to a situation in which an individual was paroled into the country without further complications such as removal or exclusion proceedings.If you were paroled into the US and are now married to a US citizen spouse who has already filed for you, you may be able to adjust your status to permanent residence without leaving the country as the immigration laws allow adjustment of status to those who are either inspected and admitted or paroled into the country.If your spouse has a green card, you may decide to wait until she becomes a US citizen. If unable, impractical, or unwilling to become a US citizen, you and she may decide to explore the Administrations I- 601A program under which persons who are barred by their unlawful presence in the US may be able to obtain a provisional waiver of the 3 or 10 year bar, and complete their immigration by interviewing for an immigrant visa at the US home consulate or embassy. The waiver would be based upon extreme hardship to your wife If you are not able to remain with her in the US.  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 More

A person can only reopen the case where there is a material error. In your case, whether you overstayed a B-2 visa or a visa waiver period of time would not seem to make that much of a difference as the bottom line is that you would have overstayed your period of legal status in the country.  Only in a situation wherein you were accused of violating the visa waiver and were still within the legal period of stay of a B-2 status would there appear to be a material issue. 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 More

I would encourage you to consult an attorney. Simply marrying a United States citizen is not enough. More information is needed about your manner of entry and marriage to assess what, if any, options may be available to you. Your only options may be to either depart the country or remain here without status. ... Read More

The process will take approximately 12 to 18 months assuming you are not from China, India, Mexico, Philippines, El Salvador, Guatemala, or Honduras. You may not have any option but to return to your native country if your nonimmigrant status has expired and you have not yet filed for adjustment of status. ... Read More

It is not legal to work in the U. S. under B-1/B2 visa status under the conditions that you have described. While someone holding B status may be a passive investor, that does not appear to be your situation. Possible consequences are that you are in violation of your immigration status and removable. 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 More

You should contact the local field office where you live to see if they can assist you. The field office may not be able to assist you but should be able to explain how you can obtain such a document. You should take the photocopy you have as well as a certified copy of his death certificate and the request from the Italian Government, if made in writing. ... Read More