Florida Immigration Legal Questions

Your wife can sponsor you she is divorced and has remarried you. It may take 4 to 6 months for you to process. The USCIS will review her first marriage to make sure she got her green card properly. We process marriage cases all the time. Feel free to contact me with more details. Thanks. Harun@ksvisalw.com ... Read More

At this time right now, most individuals would not attempt to file an I-129F K-3 petition for an alien spouse as that is usually only filed where the expected time for adjudication of the I-130 petition will be very long. U.S.C.I.S. is currently transferring many I-130 petitions in order to achieve a faster adjudication time. You say that she has a pending case in New Jersey for deportation. Leaving the US usually results in execution of a deportation order. You should check the immigration court line to see if she has already been ordered deported. If so, she would need an I -212 application approved for advance permission to return to the US as she would be barred for 10 years otherwise. In conjunction with the I-212, she would be barred for 10 years also if she stayed in the US illegally for one year. For that, she would require a waiver of excludability grounds under form I-601 provided she can show that a US citizen or permanent resident spouse or parent would suffer extreme hardship unless she was allowed the 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 More

With the proper explanation, your mother should be able to apply straight for citizenship without asking for a new green card. She can also explain her situation if she is traveling in and out of the country. If you have some documentary proof (outside of Wikipedia) that the suffix is only a name added as a sign of respect, that might help an immigration officer to understand the situation more quickly. 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

Visiting visas are given in the discretion of American consulates and embassies. Most adjudications are based upon whether consular officers believe that the applicants will return to the home country after a period of visit to the States. You can of course write letters of invitation and promised to support them during the time that they are here, but it would probably be better for your brothers to establish some roots such as working or going to school for a period of time before reapplying for visitors 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 More

If you have not had prior convictions, you cannot be deported if you have the green card unless you are first criminally convicted or plead guilty, and then go to the immigration court and are ordered removed by an immigration judge. If you lose your case before the immigration court, you have the right to appeal before the Board of Immigration Appeals. During all this period of time, you may be picked up by ICE and detained, but would not be able to be deported unless under the above circumstances except if you waive your rights and agree to removal. 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

Most individuals who do not have family in the country obtain green cards through the employment based categories. There are categories for extraordinary aliens, outstanding professors and researchers, multinational executives and managers, those who are exceptional or with advanced degrees whose immigration is in the national interest, and those with advanced degrees, bachelors degrees, or two years working experience who are sponsored by organizations under the labor certification (PERM) process. Some other individuals immigrate through investment which requires $1 million investment in a commercial enterprise and the hiring of 10 US workers or $500,000 if you are an area of high unemployment or outside a municipal area.  You would still have to hire 10 US workers in the latter case although if going through a regional investment center, the center would be responsible for the hiring. Still others may immigrate through the gain of political asylum or refugee status. You should consult with a knowledgeable immigration attorney to go over feasible options.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

In my opinion, you and your parents abandoned your green card statuses a long time ago and I do not see you being able to renew the green card. I believe that you would still have to go through the green card process all over again if you wish to stay here as an immigrant instead of as a student.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 service center filing producing a MSC receipt is usually available only where your party is also filing an I-601 waiver of fraud or misrepresentation.  In that case, the time for waiting would likely be 6+ months.  Without the need to file the I-601, your party should be filing the I-212 at the local CIS office with jurisdiction over his/her place of removal proceedings.  There is no set timeline for I-212 adjudication from a local immigration office although this type of adjudication can usually be done within a year. A standalone I-212 must be filed at the local immigration office where the removal proceedings were conducted in situations like yours where the applicant has been refused for an immigrant visa at the American consulate or embassy. 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

My understanding is that as long as you choose to remain in the United States, you must abide by the laws of the country. You are not able to unilaterally revoke your consent to be governed by the US government while you are here. If you break the law, you will undoubtedly be arrested if your act is known to the authorities regardless of whether you inform them that you do not consider yourself subject to US law.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

Although it is confusing, a dependent spouse holding an E1 visa has no authorization to work through the status alone. As you know by now, an I-765 application must be submitted and approved for your wife to have employment permission. If your wife was working for a year last year, the earnings have undoubtedly already been reported on your tax returns, and there is nothing to be done at this time. To show compliance now, your wife should stop working until the EAD is approved.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