Minnesota Immigration Legal Questions

From your facts, it appears that you are under a final order of removal. You would need to have your case reopened for you to have the opportunity to adjust status in the US. That presupposes that you entered the country with some type of status or are the beneficiary of section 245(i), which allows most individuals to adjust status upon the payment of a fine amount of $1000 if they had an immigrant visa petition or labor certification application pending by April 30, 2001 and were physically present in the US on December 21, 2000. Lacking the ability to adjust status, you and your spouse might be able to obtain your permanent residence through the expanded I-601A program under which you could ask for conditional permission to return to the US following removal on form I-212, and following an approval of that, request a waiver of the 10 year bar for unlawful stay on form I-601A under which the standard for approval would be the proving of extreme hardship to your spouse if the waiver could not be granted. The I-212 and I-601A applications can be filed while you are here in the US, and if both are approved, you would return home for an immigrant visa interview which would in all likelihood be normal. 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

Assuming that your appearance is for a master calendar hearing and not for a final merits hearing and depending upon whether your case is one of the "surge" cases that the government is interested in finishing immediately, your case could take anywhere from six months to four years for the immigration judge to hear the case and make a decision. I assume that you will be continuing your asylum claim in front of the court.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 travel ban began on June 29 and 90 days would take you to October 1. Your DV lottery visa must be issued by September 30. I note that the Trump administration originally said the travel was banned for persons from Iran and five other countries unless they had immediate family members in the US such as parents, spouses, children, siblings and in-laws. That list of relations has been expanded by the Ninth Circuit Court of Appeals recently so that relations can also include grandparents, grandchildren, aunts, uncles, nephews, nieces and cousins. Hopefully you have one of those type of relations.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

It is doubtful whether there is a visa for your mother that fits the purpose that you wish. Typically a visiting visa is for a parent who only wants to help out for a short period of time. In your case, you appear to be contemplating a long-term arrangement. That is not the purpose of a visiting visa. You are not eligible to sponsor her for permanent residence as you are only a green card holder. Your husband does not have the relationship to sponsor her for permanent residence. In the event that you change your plans and decide that your mother will only visit a short time to assist you, she would apply for a visiting visa and your husband could supply the appropriate letter guarantees that your mother will not have to work to support herself along with an I-134 affidavit of support, proof of his income, assets, and tax return. 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

Are you already a lawful permanent resident? If so, you may apply for naturalization once you have been a green card holder for five years. The application may be filed up to 90 days in advance of your fifth anniversary. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

As you are in Minnesota, you would be filing your asylum claim at the Nebraska Service Center of U.S.C.I.S. at:   Nebraska Service Center U.S.C.I.S. PO Box 87589 Lincoln, NE 68501-7589   There is no address for e-filing asylum cases.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

Assuming you are a U.S. citizen or lawful permanent resident, you will first need to marry. Once married, you may file an immigrant visa petition for your spouse. Your spouse may be able to file a contemporaneous application for adjustment of status to lawful permanent resident depending on your immigration status. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You can submit your change of status application at this time with I-94 and receipt of current filing. U.S.C.I.S. looks at your pending application to see whether it is approvable. If it is, the agency will consider you in status for the change of status application. You can of course also wait until there is an adjudication on the pending H-1B/H-4 applications before submitting your application for change of status to F-1. That choice is up to you.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

Have you violated any controlled substances laws? The question does not ask if you were convicted of any controlled substances laws, but rather whether you have violated the law. You can violate the law without being convicted. A violation of a controlled substances law would most likely result in a denial of your visa application. You can read more about nonimmigrant visas at http://myattorneyusa.com/nonimmigrant-visas.... Read Answer

In adopting a foreign national, you would have to go through a process with U.S.C.I.S. and usually US consulate overseas if the child is located in another country. Orphans from most countries would have to be adopted in accordance with the Hague convention. Otherwise they must be adopted by the age of 16, and you would have to be able to establish both legal and physical custody for two years prior to submitting a petition to U.S.C.I.S.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 maximum period of stay your mom would be granted is six months. Your mom cannot enter the United States with a tourist visa if her intent is to remain and seek permanent residence. Such conduct can be considered material misrepresentation, which makes your mother permanently ineligible for permanent residence without a waiver. You could minimize the period of separation by filing the Form I-130 after she arrives. Filing before she arrives can lead to her being denied admission and subjected to expedited removal. Your mother can stay the maximum time authorized and depart in s timely manner. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

A permanent resident cannot petition for his/her siblings. Only a United States citizen can file an immigrant visa petition on behalf of a sibling. The process currently takes ten to twelve years due to limited visa availability. Your brother should consider other options like immigration through employment or an employment-based nonimmigrant visa. You can read more about nonimmigrant visas at http://myattorneyusa.com/work-visas.... Read Answer

It is risky traveling to Ecuador at this stage with advance parole. You could have difficult few-entering if your application is denied. If approved, sending a green card is risky as it may get lost. Have you tried checking your receipt numbers at www.uscis.gov? If your application has been approved, you could obtain a stamp in your passport that is proof of residence. You may want to consider an infopass appointment at the office where you were interviewed if no decision has been made.... Read Answer

You would still be able to seek adjustment of status through your marriage to a United States citizen even though your I-94 was terminated. While you are currently out of status and accruing unlawful presence, these immigration violations are automatically waived for spouses of United States citizens. You should move forward sooner rather than later as each day you spend out of status increases your risk of removal proceedings being initiated. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

I understand your and you are concerned about your boyfriend but please understand it is difficult to assess what can be without knowing his immigration history. It is not clear whether he has been ordered removed or pending removal proceedings. I would recommend you consult an attorney directly about what can be done. You can read more about removal proceedings defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Your father will need to file immigrant visa petitions on behalf of his wife and stepchildren. As part of the process, these immigrants will need to demonstrate they will not become public charges. Your father must file an affidavit of support regardless of his income. You may also file an affidavit of support as a joint sponsor. You will need to file Form I-864. You should make sure your income and/or assets meet the Form I-864P requirements. You can read more at http://myattorneyusa.com/overcoming-presumption-of-public-charge.... Read Answer

You may be a United States citizen. There is not enough information to assess the matter. You can read more about the requirements at http://myattorneyusa.com/deriving-citizenship-through-parents-after-birth. In addition, you may be able to qualify for a fee waiver in order to request a replacement green card or to apply for naturalization. Read the instructions to Form I-912 found at www.uscis.gov.... Read Answer

No. Assuming you are a United States citizen, your paren would be considered an immediate relative. There are no derivative beneficiaries of immediate relative petitions. You would have to file for your parent and sibling independently. Your parent can also petition for your sibling once he/she becomes a green card holder. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Assuming that the wife is a U. S. citizen or permanent resident, she would petition for him and he would ultimately be interviewed at the American consulate or Embassy overseas. He would be refused for an immigrant visa and if eligible for a waiver, he would be instructed by the consulate or embassy to file one. If the ground was illegal presence in the U. S. for a year or more, he would be instructed to file an I-601 Application for Waiver of Ground of Excludability. If he was deported, he would be instructed to file form I-212 Application for Permission to Reapply for Admission into the U. S. after Deportation or Removal. Such waiver applications would be adjudicated by U.S.C.I.S., usually within a year. 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 will need to file an immigrant visa petition on behalf of your husband. For family members overseas this is a two-step process. The first step is for you to file an immigrant visa petition. Once approved, the second step is for your husband to apply for a visa. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer