Minnesota Immigration Legal Questions

Even an immediate relative (spouse of U.S. citizen), however, is ineligible to adjust status for a green card within the U.S. if s/he last entered without inspection. In those cases, the immediate relative must return to the consulate abroad and apply for an I-601 hardship waiver. These matters are commonly seen with Mexican nationals who entered the U.S. without inspection and married a U.S. citizen. these individuals are ineligible to adjust status from within the U.S. and must process for an immigrant visa and I-601 hardship waiver at the U.S. Consulate in Ciudad Juarez. ***  HOWEVER--- There is a proposed rule change that would allow I-601 hardship waivers to be applied for from within the U.S.    U.S. Citizenship and Immigration Services (USCIS) just recently posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence.  The proposed process would allow certain individuals seeking permanent residence through their U.S. citizen immediate relatives to apply for waivers of inadmissibility before leaving the U.S. for their interview at a U.S. Embassy or Consulate overseas.  This would mean the individual would know whether the I-1601 was approved before going to the consulate and the family would not be separated for months at time as is the case with the current procedures. The Section 212(a)(9)(B)(v) hardship waiver requires a showing that the applicant's U.S. citizen or permanent resident spouse or parent (not children) would suffer "extreme hardship" if the applicant is refused admission to the United States. The factors deemed relevant in determining extreme hardship to a qualifying relative include, but are not limited to, the following: the presence of lawful permanent resident or United States citizen family ties to this country; the qualifying relative's family ties outside the United States; the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative's ties to such countries; the financial impact of departure from this country; and, finally, significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate. Matter of Cervantes, 22 I. & N. Dec. 560, 565-566 (BIA 1999). A showing of extreme hardship requires more than demonstrating the ordinary, typical hardship that a family member would experience if their relative cannot immigrate. Financial hardship alone is not enough. The hardship, which must be experienced by the U.S. citizen/permanent resident relative (not the non-citizen applicant), must go beyond that normally expected in cases of family separation. You should consult with an experienced immigration attorney who can advise on chance of success for a hardship waiver in your case. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com      ... Read More

I think you have definite issues to analyze and be aware of before making any decision.If you depart and your current employer doe snot wish to continue with the I-140 if your PERM is approved, you will no chance to retain your priority date. Also, you would need to move quickly with a new green card process with new employer during the potential 12 month validity of new H-1B.  If your new PERM was not filed until after 3/2012, and your current PERM was denied w/o appealing, you may not have any options to extend H-1B beyond 6 years.If a new PERM through new company was filed after 3/201, the new employer would likely need an approved PERM and I-140 within 12 months to extend your H-1B time. if your PERM were audited, you may not have any options to extend your H-1B beyond 6 years at that point. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson,LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

It is not that simple. If he has a domestic violence felony conviction then he cannot adjust status even if you marry him; however if it is a misdemeanor then he may qualify under petty offense exception but burden is him to show that he is not a violent person, and overall, person of good character. If you marry him, both of you should genuinely want to be married to each other which generally requires living together day-to-day, paying joint tax returns, paying joint expenses, having joint bank accounts, and will be questioned w/tough questions on whether it is a bona-fide marriage. I strongly recommend that you consult with immigration attorney because of his conviction, and other prior immigration history.... Read More

Presuming that you are a U.S. citizen or a lawful permanent resident, you can petition the government for a permanent resident visa (green card) for your fiance after you get married.  Unless he entered legally, which you state he did not, or he is eligible for adjustment of status under section 245(i) of the Immigration and Nationality Act, he will need to obtain his green card at a U.S. consulate outside the U.S. To be eligible under section 245(i), a green card petition must have been filed for him, or his parents if he was under 21 at the time, prior to April 30, 2001. Since he has been in the U.S. illegally for more than one year, he will be subject to a 10-year ban on returning to the U.S. legally.  As the spouse of a U.S. citizen, he will be eligible to apply for a waiver of the 10-year ban if he can show sufficient hardship to you if he is not allowed to return for ten years.   If your fiance has ever been caught at the border or been deported from the U.S., he will have other obstacles to getting his green card.  I strongly suggest that you contact an experience immigration attorney in your area before you file any applications with the government.   Good luck! Mark... Read More

Dear Client You and your wife can adjust your status to permanent resident without having to leave the U.S.  You have to remain in legal status i.e. don't quit school until your application is finalized and approved.  I advise you to get the help of a competent attorney to make sure all your applications are handled properly.   Good Luck.... Read More

I am sorry to hear of your loss.  Immigration rules allow a widow to self-petition on form I-360 even if the deceased husband did not file an I-130 petition, as long as the I-360 is filed no later than October 28, 2011.  However, because of your EWI entry, you cannot adjust status here, so you must consider whether filing the I-360 at this point makes sense for you.  Reminding you that the I-360 must be filed by the deadline, I urge you to contact competent legal counsel who can discuss the pros and cons of such a filing.  Good luck.  Michael Shane, Florida Bar Board Certified Immigration Lawyer, www.shanelaw.com  Ask a Panelist Lawyer since 2002.... Read More