Kansas Immigration Legal Questions

If you were married in a courthouse, you are legally married even if to an illegal alien. You would have to go through a divorce for the marriage to be legally terminated. 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 would have to file form I-130 petition for alien relative.  Under the I-130, the petition would again be submitted to U.S.C.I.S., and if approved by the agency and later by the American consulate, she would likely enter the US as a conditional resident. The conditional resident status expires at the end of two years, and she would have to submit an I-751 application to remove the conditions on residence status in the 90 day period prior to the expiration of the two years. At present, her situation may be clouded by her previous marriage, and she should gather up as much evidence as she has concerning the bona fide character of the prior union. A finding by either U.S.C.I.S. or the American Consulate that there was fraud involved in the prior marriage would bar her from immigrating to the States.  ... Read Answer

If your boyfriend entered the country legally, with a visa, and he hasn't been convicted of a serious crime, he may be eligible for relief from removal. If Immigration and Custom Enforcement has lodged a detainer on him.  He will be held in state custody until any criminal charges against him are resolved.  Then, he may go to an immigration detention facility where he will get a hearing in front of an immigration judge.  He can ask to be released on a bond at that hearing. I would need to know more information about him in order to determine if he is or may be eligible for relief from removal.  Call me at 215-218-9800 for a free consultation.  ... Read Answer

Assuming that the person was only deported one time, and that the deportation was less than 10 years ago, a person who is married to a U.S. citizen and has a child with the citizen would have the U.S. citizen petition for her and go through consular processing at the end of which she would be refused for the immigrant visa and instructed to file waiver applications. Two waiver applications would then typically have to be submitted to the U.S.C.I.S. lockbox in Phoenix. Those would be Form I-601 application for waiver of grounds of excludability to cover such grounds as fraud or misrepresentation, crimes, or being in the United States illegally for 180 days or one year (3 and 10 year bars respectively), and Form I-212 application for permission to reapply for admission into the U.S. after deportation or removal. The Phoenix lockbox is located at: For U.S. Postal Service: U.S.C.I.S., P.O.Box 21600, Phoenix, Ariz. 85036 For express mail or courier deliveries: U.S.C.I.S., Attention:612/ 212 Foreign Filers 1820 E Skyharbor, Circle S, Suite 100, Phoenix, Ariz. 85034... Read Answer

Your sister needs an attorney to consider what relief is available to her under the circumstances.  Often, having US citizen children and a US citizen spouse can be dispositive, but the form of relief one seeks would determine whether and how to use those relationships to support a claim.  The area of law is very complicated and a lawyer can help sort it all out for her.  I could help, or your sister could contact a lawyer of her choosing, but she should get a lawyer before her hearing on the 18th.... Read Answer

Hello,   There are several ways of seeking an experienced immigration attorney with experience on asylum cases such as yours. You may want to contact the lawyer referral program of the local County Bar Association of your city, do a search on Lawyers.com, other websites or the American Immigration Lawyers Association at aila.org. Further, even if an experienced immigration attorney is not familiar with Burma, they may be able to do the necessary research on your country, obtain the relevant supporting documents and work with you to prepare the best defense possible. Good luck. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read Answer

Under the Adam Walsh Act of 2006, only certain criminal actions will prohibit USCIS from approving a petition on behalf of a fiancée. They are as follows: (A) an offense involving kidnapping, unless committed by a parent or guardian; (B) an offense involving false imprisonment, unless committed by a parent or guardian; (C) solicitation to engage in sexual conduct; (D) use in sexual performance; (E) solicitation to practice prostitution; (F) video voyeurism as described in 18 USC § 1801; (G) possession, production, or distribution of child pornography; (H) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt this conduct; (I) any conduct that by its nature is a sex offense against a minor. If you have not been convicted of such a crime, merely being on probation is not going to prohibit approval of the I-129F Petition. If you were convicted of such a crime, you will have to demonstrate clearly to USCIS that you do not pose a risk to your fiancée despite the conviction. If you believe the Adam Walsh Act applies to your situation, I would advise consulting a knowledgable immigration attorney.... Read Answer

If you are in the U.S. w/o legal immigration status, it may be difficult or even impossible to apply for lawful work status from within the U.S.  In most cases, an individual who is present in the U.S. without status cannot apply for nonimmigrant work status from within the U.S.  In addition, you may trigger a 3 or 10 year unlawful presence bar to be able to return to the U.S. if you depart and try to obtain a work visa through a U.S. Consualte abroad. If you are here w/o status, you should consider having an experienced immigration attorney review your case to advise on your situation.  There may be no good answers for you though to obtain legal status to remain in the U.S.  Every case is different so you should consider discussing your case with an experienced immigration attorney. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read Answer

Hello, The two common pathways to obtaining lawful permanent resident status (i.e. a green card) in the United States is through the approval of a family-based immigrant petition and/or through the approval of an employment-based immigrant petition. Please visit http://www.srwlawyers.com/ImmigrationOptions/GreenCard/tabid/68/Default.aspx for additional information. You may want to consult with an experienced immigration attorney to receive a professional analysis of your particular case and explore what options, if any, you may have available for a green card.  Nisha V. Fontaine, Esq. Serotte Reich Wilson, LLP www.familytousa.com NFontaine@srwlawyers.com  ... Read Answer