Nebraska Immigration Legal Questions

It appears your husband has been placed in removal proceedings. Your husband may be able to seek bond and relief from removal depending upon his immigration history and criminal history. Your husband may be represented by an attorney but the government does not provide attorneys. It would be best for your husband to have an attorney represent him. ... Read Answer

Your second illegal re-entry has triggered a permanent bar to admission. This bar cannot be waived until you have been outside the United States for ten years. Unfortunately, there is not much your wife and kids can do to help you. You may be able to remain in the Unkted States through prosecutorial discretion.... Read Answer

The best option would depend upon you and your friend's immigration goals. For example, if your friend wishes to extend his H1B status through is employment in the future being an owner will be problematic. i encourage you both to schedule a consultation with an experienced immigration attorney. You need case-specific guidance that simply cannot be provided on a forum. ... Read Answer

I doubt that your brother will have a problem obtaining the E-3 from the American consulate or Embassy in Australia just because he has the F-4 petition pending based upon his relation to you. There is such a long line with sibling petitions that most American consular officers would not believe that there is a strong presumption of immigrant intent when individuals apply for nonimmigrant visas. So there is every reason to believe that the E-3 will be approved as long as there are no grounds of excludability.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

I will assume for purposes of your question that you are still under the age of 21 and will remain so for the foreseeable future. If your father takes the citizenship test by the end of November and he passes it, the length of time before he can sponsor you depends upon how fast he can be sworn in as a citizen. Some immigration offices will swear in successful applicants on the date of the test. Others will have your father wait until the next swearing in date can be arranged. In the latter case, it generally takes about 1-2 months. As soon as your father obtains his citizenship certificate, he would be able to submit an application for your permanent residence. Dependent upon the discretion of U.S.C.I.S., it may waive the interview requirement. In such case, the processing could take up to 9 months or more because of the slowdown of U.S.C.I.S. in processing the interview waiver 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

Hello. Your best option is if your parents became US citizens. If they do, they can sponsor you for your green card (as long as you are under 21). I would be happy to evaluate their qualifications, but would need more information. For example, who sponsored their green cards and when did it begin? You may also qualify for the DACA program if you came before 2007.... Read Answer

Although there is no guarantee that ICE will not look for people who have violated orders of voluntary departure, there are presently over 11 million undocumented immigrants in the country and it is difficult for ICE to target everyone who has violated an order of voluntary departure. In most cases, such violators are caught by ICE through other encounters such as the commission of crimes, misdemeanors, offenses, or somebody complaining. 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

In order for U.S.C.I.S. to consider a change of status from J-1 to H-1B from someone who is subject to a two-year residence requirement, you would have to show proof that the Department of State has given you a recommendation that your J residence requirement be waived. In addition, you would only be able to change status to H-1B at this time if you are working for a cap exempt employer such as an institute of higher education, a nonprofit organization affiliated with an institute of higher education, a nonprofit research organization or a government research organization. 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 are allowed to apply for a fiancée visa instead of sticking with your father's F-2B preference visa which will take a long time for a visa number. I do note that once you have married, the F-2B petition is automatically revoked. If at some point you are divorced, you could not restart the F-2B petition. If you wish to go down that route again, your father would have to put in another petition with a new priority date.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

In order to enlist, you will first need to become a lawful permanent resident (green card holder).  If you have a relative in the US, that relative may be able to petition for you to become an immigrant.  You cannot enlist in the US military as a non-immigrant (such as someone in B1 status).... Read Answer

Hello. If you plan to marry, you can marry in China and file the case to the US. The whole process may take about a year. If she marries in China and then tries to come as a tourist, she may be denied for having immigrant/permanent intent while coming as a tourist. Thus, if you plan to come here and marry, you can always return to China. You can then file for the marriage green card. If you plan to stay in China for 5 years and marriage is not immediate, then I would wait to marry about 4 years to process then.... Read Answer

The timing of the process, the number of applications required, and the filing fees are the primary differences between the two options.  The easiest thing is to bring your fiance here on a K1 visa and then get married here in the US.  Thereafter, you would apply for a green card for him.... Read Answer

The process for Canadians to marry US citizens is the same for natives of any other country marrying a US citizen. You can marry in either a civil or religious ceremony. If in a religious ceremony, you would show USCIS that the marriage is registered by the state and not just registered in your faith. If in the US, you could be married here if you desire and if you are in Canada, you could marry over there. Both parties must be present at the time of the marriage to make it legal. In the US, you could apply for adjustment of status to permanent residence without leaving the country assuming that you entered the US legally and have no other impediments to permanent residence. In Canada, your spouse could file an I-130 relative petition with the USCIS lockbox in Chicago, Illinois, and after approval, you would undergo consular processing through the National Visa Center and ultimately interview at the American consulate in Montréal for your immigrant visa. 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

I assume that by the word "person", you are speaking of the petitioner, and asking whether he can apply for another person under the K-1 fiancée visa when the fiancée has gone back home. Depending upon your particular circumstances, this is a situation in which U.S.C.I.S. may request a waiver as its memorandum on the subject states that if a petitioner previously had a K-1 visa petition approved within two years prior to the filing a new petition, the petitioner must request a waiver. Thus, if your previous petition was approved within two years of filing a new K-1 petition, a waiver would likely be requested. There is some question concerning the legality of U.S.C.I.S.'s interpretation, but the prudent course would appear to be waiting two years after the K-1 approval before filing another. Please note that a waiver is always required if the petitioner has filed two or more K-1 petitions at any time in the past, regardless of the result.... Read Answer

The answer to your question depends on several pieces of information that you have not provided.  What is your husband's current immigration status?  Was the victim a minor?  If so, he could be charged as an aggravated felon even if the charge was a misdemeanor.  Aggravated felons who have no legal status can be subject to "expedited removal" without seeing a judge.  I highly recommend that you contact an experience immigration attorney to review your husband's case.  Our office is in Omaha and we would be happy to help.  Contact my office and schedule a telephone or in-person consultation with Pamela Bloch. Mark J. Curley Curley Law Office www.curleylawoffice.com... Read Answer

After you complete your sentence, you will be turned over to the custody of ICE where your case will be reviewed for possible removal proceedings.  Generally, a domestic violence conviction would require you to be placed into removal proceedings.  You will have the right to see an Immigration Judge before they can deport you.  If you are eligible, you may be released on bond while waiting for your court date.  Since you are a legal resident, you may have some relief available to you, but only a qualified immigration attorney could review the circumstances of your case and give you an opinion.  I urge you to contact an experienced immigration attorney to review your case.  Our office is located in Omaha and we have attorneys who could assist you.... Read Answer