Michigan Immigration Legal Questions

Have you acquired any criminal convictions since the acquiring of your green card? If so, you may have a problem renewing your green card. Have you had any issues falsely applying for and receiving any type of government aid? That is something recent that can lead to deportation.   If no is the answer to both questions, and you state your conditional status has been removed, notwithstanding any other legal problems, you seem to be in a position to file for your citizenship, or renew your green card.  Filing for your citizenship would be the wiser choice.... Read Answer

The choice is not necessarily one or the other – your wife could apply for the I-130 at this time and possibly upgrade it to immediate relative petition status after she obtains her citizenship. The benefits of filing now are that the petition will have a head start in case your wife fails to be naturalized, and there is a lesser burden of proof than if you are subsequently placed under proceedings in front of an immigration court (assuming that you filed your asylum application affirmatively with U.S.C.I.S and your case is still pending with the agency). For adjustment of status in the U. S. based on marriage, you would generally have to be the immediate relative of a U. S. citizen to qualify (spouses, parents, and children under the age of 21 and unmarried are considered immediate relatives who can adjust status even if not maintaining legal status so long as they were inspected and admitted or paroled into the country) unless you are maintaining legal status at all times in the country. There is a legal question as to whether an individual whose timely files for asylum while in legal nonimmigrant status which later expires is considered legal for purposes of an adjustment of status application based upon a category other than asylum. 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

Chronology could be important. As a general matter the chances are close to 100%. Such person is subject to mandatory detention and mandatory deportation with very little relief available. Such relief would come in a form of very limited protection of a deferral of removal under the UN Convention Against Torture. ... Read Answer

A civil lawsuit is not relevant to naturalization proceedings as it is not criminal, which is the focus in citizenship determinations.  The ticket is another matter. You would answer the question pertaining to whether you have ever been cited "yes" in  part 12, question 23, and explain the circumstances in box 29 that the ticket was dismissed. It might be prudent to obtain a copy of the disposition and either include it in the initial filing or bring it to the interview.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

Since you will not be working in medical//health occupations in the US that require the National Board of Health Medical Examiners Examination or its equivalent, you should answer "no" to the question since you are not seeking to perform medical services in the country.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 your F-1 visa status was never formally terminated by U.S.C.I.S. in a written decision or if you did not have the F-1 status terminated in the immigration court, you could possibly interview at the American consulate or embassy in your home country for an immigrant visa. You would not be barred from coming back unless either of the circumstances as described above occurred since the status of an F-1 student is duration of status without a fixed time limit. 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

U.S.C.I.S. looks to see whether a marriage is bona fide in the sense that two people are committing themselves to a marital relationship. A marriage to Immigration's eyes is not one in which one party is a nursemaid to another only in exchange for a green card. Assuming that the marital relationship will be bona fide, the chances of the undocumented spouse being deported depends upon whether the individual has prior criminal acts or has been in immigration removal proceedings. If not, the chances of the spouse obtaining permanent residence without being deported are good. 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 she entered the country legally she can adjust status here once you petition her for her green card. If she entered illegally then you can still sponsor her as a US citizen spouse but she will need an approved waiver of inadmissibility prior to being interviewed at the foreign consulate in Mexico.... Read Answer

If you are asking whether u can acquire Russian citizenship if u are a US citizen and marry a lady from Russia, that would be an issue of Russian law. Perhaps u should call a Russian Consulate here in the states and inquire about that.   If you marry your Russian friend, then under immigration law, you can sponsor her for a green card here (without foreign Consulate processing) and as long as she entered the country legally, she can receive her lawful permanent residency. ... Read Answer

Unfortunately Pres. Trump has implemented a policy of tough immigration enforcement, and the Department of Homeland Security officers are energized to enforce the laws against the undocumented. Traveling by air may now become more dangerous, especially where the entry is made from outside the mainland, e.g. Puerto Rico, Hawaii, or to and from places close to the borders of this country.  Also airports are places of high security, and so there may be more risk of encounter with DHS there than in many other places. 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 are a US citizen, you filed a non-quota immediate relative petition for your wife which has no allowance for dependence. Your best action at this point is probably to file an I-130 petition for your newborn baby and the two cases can hopefully be joined together at the NVC or at the US consulate or embassy. This is not an uncommon situation, and you or your attorney can slow down your wife's case in the consular processing stage to allow your newborn baby's case to join up.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

To make an observation, most people want to prove that they are US citizens and not the other way around. You say that you applied for the renewal of your green card and it was approved, but the card never arrived. If so, you would have the I-797 approval sheet showing that your I-90 application for a replacement green card was approved. Perhaps the Dutch authorities would accept that piece of proof along with your affidavit that you never applied for US citizenship. I am not aware of any other form that you could fill out to prove that you are not a US citizen.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

The best thing you can do is to retain an attorney to meet with him and review the matter. Without knowing more about what led to your brother-in-law's detention and his immigration history, it is difficult to determine what relief he may be able to seek. The government will likely seek to removal him so you should act quickly.... Read Answer

It may be possible. It will depend upon more detailed information about the crime including the specific statute under which the person was convicted, sentence imposed, admissions of guilt, etc. The record of conviction as well as the records related to your deportation need to be reviewed by an attorney. ... Read Answer

You will need to discuss whether you are eligible for citizenship with an attorney. You can find a list of pro bono organizations in Michigan at https://www.justice.gov/eoir/file/ProBonoMI/download. These organizations may also be able to provide information about emergency housing. ... Read Answer

You would be al to remain in the United States pending adjudication of your request to change status assuming the request is filed prior to the termination of your H-1B status. You could not begin your studies until the request is approved. There  is no grace period. You will begin accruing unlawful presence immediately upon denial of your request to change status. You need to depart the country ASAP under such circumstances. The answer is the same regardless of the nonimmigrant status you currently possess. ... Read Answer

Whether you have sufficient experience will depend upon the job offer and visa classification sought by the employer. You may not be able to qualify for a STEM extension of you are the beneficiary of a pending Form I-140. As a nonimmigrant student, you must have nonimmigrant intent. Being the beneficiary of a pending immigrant visa is evidence of immigrant intent. The wait time is different for EB2 and EB3. Right now, EB2 is current which means you could file the Form I-485 concurrently with the Form I-140. On the other hand, EB3 is backlogged by about four months. Keep in Ming visa availability fluctuates each month. You can find the current visa bulletin at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html. You may need to seek H-1B in the future. You can read more about employment immigration at http://myattorneyusa.com/employment-immigration.... Read Answer

The difficulty in your situation is that your wife's second trip and the contemplated third trip being so close to the second one may raise questions as to whether your wife is meeting the requirement of continuous presence in the US, but the other major concern if you are thinking of leaving her behind when you take another trip of some duration is that she is also required to be in constant residence with you under the three-year rule. Given your situation, your wife should go with you if you have to leave, but try to amass as much evidence as she can of US ties such as US property – real and personal, tax returns, US bank accounts, state license or identity card, utility bills, insurance, membership in associations or societies, etc. 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