Massachusetts Immigration Legal Questions

In general, you do not want multiple I-485 applications filed and pending for both you and your wife.  Procedurally it can be awkward and confusing to CIS as to which 485 should be processed. If you and your wife already filed 485 paperwork base don your approevd I-140, you may want to send notice to CIS that you now wish to have those 485s adjudicated based on her newly approved EB-1 I-140. This is known as an interfile request.  The applicant can request that a new priority date or a different visa petition be applied to an existing application. There is no specific format or form for this request, but it must be in writing. It must be sufficiently clear to provide the Service Center with sufficient information to make a determination that an earlier priority date or different visa classification can be applied to a pending adjustment application. As an example: The Principal husband and the derivative wife filed adjustment applications based upon the husband’s EB-3 petition with a priority date of January 1, 2005. Subsequent to the filing of the adjustment applications, the wife’s employer receives an approval notice for her EB-2 petition with a priority date of June 1, 2004. The Nebraska Service Center approved the adjustment applications by reversing the principal and derivative and allocating the EB-2 priority date of June 1, 2004, to the wife as the principal and the husband as the derivative. The applications were approved as soon as the wife’s EB-2 priority date became current. I have a memo from CIS that outlines this procedure.  Please feel free to contact me and I will e-mail it to you. Regards, Andrew M. Wilson, Esq. Serooite Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com Immigration Information LinkedIn Group... Read More

If a Conditional Resident is no longer married and cannot file the Joint Removal Petition with his/her spouse he/she may apply for a waiver.  In order to do so, your spouse would need to be divorced from you and to prove that the marriage was valid at inception.  You can send the information you have to your local USCIS office asking that it be made part of his file.  Whether he will be approved for the waiver or not will be up to the USCIS.... Read More

There are definite possibilities to gaining citizenship through a USC parent.  Although this forum is educational in nature, the rules involved in such an evaluation are extremely complicated and have been amended throughout history.  Please consult an immigration attorney to evaluate your facts.... Read More

If your boyfriend is under 31, he may qualify for the newly announced Deferred Action for Childhood Arrivals.   Either way, you could get married, but to become a permanent resident would require a waiver of the time he has been here without authorization (which makes him inadmissable and thus unable to adjust status without leaving the country).... Read More

Under these circumstances, no one can rule out the possibility that the border patrol will make the connection between the amnesty filer from 25  years ago and the person trying to cross the border at the moment.  In any case, if the amnesty filer had been in the US without authorization for a lengthy period, he or she would be barred from returning for 10 years unless they could show extreme hardship to a US citizen spouse or child.  A waiver of that ground of inadmissibility is available at a US consulate.... Read More

Certain cases of alien smuggling can be waived for humanitarian reasons, to assure family unity, and if it is otherwise in the public interest if the alien "encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was the alien's spouse, parent, son, or daughter (an not other individual) to enter the United States in violation of law."If your case involved a close family member, then we ought to be able to help you.  Please call 215-218-9800 and ask for Mike or Alex for a free consultation.... Read More

It is probably easier for the US citizen to come visit you.  You could apply for a visitor visa, but if they learn of your interest in marrying a US citizen, they will not approve the visa because your plans show immigrant intent--something a visitor cannot have.  You could also each meet in a third country.... Read More

The Deferred Action for Childhood Arrivals programs is very explicit that applicants must have arrived in the U.S. by June 15, 2007, and that the applicant be under the age of 16 on the arrival date. As you turned 16 before the date of arrival, you would not be qualified for the program. 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 will assume for purposes of your question that your wife is a U.S. citizen who is interested in petitioning for your permanent residence. If so, you would likely be approved for permanent residence as you entered legally and have a bonafide marriage as shown through the birth of your child so long as you are not barred under other sections of law such as crimes or security threat. As an emancipated minor, age would likely not present a problem. Your wife or a co-sponsor will have to demonstrate the ability to support you through an I-864 affidavit of support. Illegal work is not an obstacle where you are being sponsored by a U.S. citizen spouse. Use of your ITIN would not hinder your application. However, the income from your work does not count toward your support since you are presently illegal. Generally speaking, your wife and co-sponsor (if needed) would have to show proof of permanent resident or U.S. citizenship status, job letter with paystubs, bank statement or bank letter, and tax returns for the past three years. 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

Our view may be controversial, but we believe that the husband has not applied for anything where the only application is an I-130 petition by your sister for you. We also believe that dependents on immigrant petitions only make applications when they file immigrant visa application forms themselves - either form I-485 application to adjust status to permanent residence in the U.S. or DS-230 application for immigrant visa and alien registration for overseas processing at the American consulates.... Read More

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 More