Hawaii Immigration Legal Questions

Under current law, an employer must execute an immigration form, called an I-9, for every new hire. This form requires verification of a person's identity and status for employment in the United States. If an employer is found to violate this rule, they are subject to to enforcement, including fines.... Read Answer

Since the child is currently 14 years old, you would qualify as her stepfather for purposes of U. S. immigration law. So rather than waiting for your wife to become a citizen or having her sponsor the child under a preference category (F-2A) that will take time, you could submit the petition. If everything goes well, she should be able to immigrate within a year. Your wife may have to explain that some stage why she did not claim the child before, but that is a matter for the future. You could begin the petition process now. 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 did not mention how long you have been married or whether your wife sponsored you for your green card.  That information would be helpful in analyzing your situation.  Presuming that your wife sponsored you, divorcing at this point should not have a negative effect on your legal status.   If you were married for less than two years when you received your green card, it was conditional for two years.  You should have filed a form I-751 within 90 days of the expiration of your green card and then you would be issued a ten-year green card.  If you did not do this, and your green card has expired, then you should consult with an experience immigration attorney ASAP.   If you received a ten-year green card in 2009, then you do not have to worry that your legal status is in jeopardy if you and your wife divorce.  It will not affect your ability to naturalize either, but if you and your wife divorce, you will have to wait until you have been a permanent resident for 5 years before you apply.   Good luck to you. Mark J. Curley Curley Immigration Law, PC, LLO 8420 West Dodge Road, Suite 310 Omaha, NE  68114 402-733-8989 www.curleylawoffice.com     Find us on Facebook!  www.facebook.com/curleyimmigration Follow us on Twitter! @CurleyLaw ... Read Answer

If you and your fiancé have already canceled your papers in the immigrant visa section of the consulate or embassy, you would most likely have to go through the entire process all over again starting with filing another form I-129F with U.S.C.I.S. in the States. You would of course be questioned as to the reason why the prior papers were canceled.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 the I–130 has not been approved, you will not likely be able to obtain permanent residence through the marriage even though the marriage was bona fide in its inception. Even with an approved I-130 petition, immigration officers will not allow an adjustment of status application to permanent residence continue if the US citizen spouse refuses to continue the case. In the event of separation but no final divorce, there is a possibility of the case continuing if the US citizen spouse consents to its continuation. In the event of a divorce, no continuation of the case would be allowed.  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

As you sponsored your son under the F-1 category as the unmarried son of a U.S. citizen and his status automatically changed to F-3 as the married son of a U.S. citizen, his subsequent divorce allowed him to return to the F-1 category without loss of priority date. That is because there has never been a break in his eligibility to immigrate. Opposed to your son's situation are those in which green card holder parents sponsor their unmarried sons or daughters over the age of 21 under the F-2B category for unmarried sons or daughters of permanent residents who during the process marry and then divorce with the parent remaining a green card holder during this time. In the latter example, there is a break since there is no visa category sponsorship possible for a married son or daughter of a permanent resident and therefore in that case as opposed to yours, the priority date is lost.... Read Answer

Any prolonged absence will indicate your son has abandoned his intent to remain in the US permanently.  He should plan to return to the US regularly while studying in the Philippines and he should maintain strong ties with the US during the entire time he is away.   His absence will affect his ability to apply for citizenship, which requires a continual presence in the US with only occasional absences.... Read Answer

Most criminal matters older that five years are typically not a factor for determining good moral character needed for citizenship.  Nonetheless, older criminal matters can influence a good moral character decision.  I recommend you hire an attorney to help you apply for citizenship given these circumstances.... Read Answer

I'm sorry you and your wife are going through such a difficult time. You posted your question under the legal topic area of Immigration, and it does not seem to have any relevancy to immigration (which is my area of professional experience). I suggest you repost it under a different topic, such as litigation or business, or intellectual property. Or contact an attorney who concentrates in one of those areas.  Aloha.... Read Answer

You ask an excellent question. I'm sorry that I couldn't answer you sooner, as I just received your question today. A US "permanent resident" still can lose his status under certain conditions, and one of those conditions is if you abandon your residence by remaining outside the US for too long. You can file for a reentry permit with USCIS on Form I-131 prior to departing the US in order to show your intention not to abandon your US residence.  The application can be filed only by an applicant who is physically present in the US.  You still must maintain ties to the US such as filing US income taxes as a resident, keeping bank accounts, owning property here, etc. The reentry permit application is more cumbersome that it was in the past, as it now requires "biometrics" (which just means fingerprints and a digital photograph) and it takes more time to process than it used to.  Try to file the application as soon as you know you might need it.  An initial application should be granted for a two year period.  Best wishes for your family in the UK!... Read Answer