Michigan Immigration Legal Questions

Your husband's deportation from U.K should not bar him from entry into Canada, but the Canadian immigration authorities will be interested in knowing the reasons for U.K to expel him and if he was deported for reasons that will render him inadmissible to enter Canada 9 such as for criminal conviction), then, he may have problems getting into Canada as well. Your husband should not attempt the Canadian application process without the benefit of speaking to a lawyer.... Read Answer

Do you have proof that the documentation you submitted was received? If you do, then you can have a basis for the motion. Otherwise, there is not going to be any evidence that you submitted it so it will be likely denied. But you can always start over although all the fees will have to be paid again.... Read Answer

If you still have the H-4 relationship with your spouse, you should be allowed to travel back to the US under H-4 status despite having an approved H-1B petition. Using your H-1B approved petition once another employer is interested in sponsoring you for a new H-1B is another matter. If attempting to do it in the States, you would have to request the change in status from H-4 to H-1B. The question may come up of whether your present H-1B approval is sufficient for you to escape the need for a H-1B cap number if you will be sponsored by a cap subject organization and are not subjecting yourself to the annual quota restriction of H-1B visas. You may have to defend the bona fides of the H-1B filing  including giving the reason that you did not take up employment with the H-1B petitioner.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 you and your fiancee meet all the requirements for approval of a fiancee visa, you should file that form with USCIS. Go to cis web site, download, print and carefully read the Form I-129 F. Read its instructions carefully. There are several requirements for filing a Form I-129 F petition, and being a US citizen though necessary, is not a sufficient condition for an I129 F approval. If your I-129 F is approved, your fiancee will have to appear a US embassy overseas. He does not have to be Swedish to get an appointment at the US post in Sweden, but he must have some legal status in that country Otherwise, he will have to seek an appointment at the US embassy in his country. Good Luck.... Read Answer

I cannot comment on your boyfriend's career; he may want to consult a JAG attorney on this one before you get married. As to your immigration status, as the law stands right now, the problem is that you entered EWI (entered without inspection), regardless of your age and circumstances. This means that you cannot adjust status without leaving the US. If your boyfriend's career is unaffected and you two do get married, you will have to apply for and receive an unlawful presence waiver. The good news is that now you can wait for the waiver here in the US. Once it is granted (and in your case, it should be), you will have to travel to Mexico and go through the consular processing in order to return to the US as a wife of a US citizen. Currently, there is no other way. I cannot guarantee you that this process is a sure thing or how long you would have to be in Mexico, but I would plan on three months or so. Unless the anticipated immigration reform changes anything, this is the unfortunate long way for this process in your case - all because you were not admitted and inspected at the border. If you had a visa and you came in lawfully but then overstayed your welcome, you could adjust status after marriage without leaving the US. But all EWI cases must exit the US, unfortunately, in order to consular process. That stated, I would not be scared of the process: if you have no criminal history (no arrests or any other "hiccups" with the law), you should be able to get the waiver and from there, I see no problems with the consular processing. The only variable is the timing, as I cannot tell you how long you may have to be in Mexico. And I cannot answer your question as to whether your boyfriend's military career could suffer if he married an undocumented alien, so that is something for him to research through military lawyers.... Read Answer