Massachusetts Immigration Legal Questions

Hello,   If your daughter has a green card and leaves the U.S. for 2 or 5 years, she will lose her legal permanent residency status or green card. This is because as a legal permanent resident, she is required to live in the U.S. You are better off consulting with a local immigration attorney in your area to see how best you can proceed before you make a decision. 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

Based on the description you provide, the penalty that I believe you have incurred is a three year bar from returning to the United States. By overstaying your visitor status, you accrued unlawful presence. However, as a technical matter, you only accrued unlawful presence once you turned 18. Any unlawful presence before your 18th birthday does not attach to you as a penalty for returning. If a person has more than 180 days of unlawful presence, but less than 1 year, the penalty for returning to the United States is 3 years. Your parents, however, accrued more than 1 year of unlawful presence, and are therefore prohibited from returning for 10 years. There is a waiver available under INA § 212(d)(3), but with such a long period of having overstayed your status, the Department of Homeland Security is unlikely, in my opinion, to approve such a waiver.... Read Answer

Hello,   Since the new Deferred Action policy has a specified age range and specifies that the children should have lived in the U.S. before the age of 16, you should take all your relevant documentation and consult with a local immigration attorney to see if you would be eligible to apply. The CIS has 60 days to develop an application process and your attorney may be able to guide you after the application details become available.   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 www.emenikelaw.com  ... Read Answer

As long as his income is sufficient for affidavit of support purposes (check the most current federal poverty guidelines for your size household), you may not need to get a joint sponsor to sign the affidavit of support on his behalf. However, you will need to both sign an additional form, which is the I-864A.... Read Answer

Thank you for your question.  Section 237 (a)(1)(B) relates to being unlawfully present in the U.S.  It does not relate to marriage fraud so it appears that you are not facing deportation on that basis.  The government may simply using the easiest charge to force you to leave the U.S.  Unless  you have other forms of relief available to you in removal proceedings, you will likely be granted voluntary departure which means that the Judge will give you 4 months to leave voluntarily or be removed. I suggest that you contact an experienced immigration attorney in your area to review your options in Immigration Court. Good luck, Mark J. Curley www.curleylawoffice.com  ... Read Answer