Nevada Immigration Legal Questions

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Your fianc?s criminal charges and any conviction may make him inadmissible and marrying you may not help him.... Read Answer

I deeply regret your situation. Also, you did not provide a timeline of events in this case, which would have made it easier to review the facts of your case in line with the changes in the law in the last several years. However, if your husband was deported and then illegally returned and was deported the second time, he is subject to Reinstatement of order of removal under s.241(a) INA. This means first, he will deported again, not on the basis of any new deportation order or hearing but instead on the original order. Second, under s.241(a)(5) INA, it was useless for him to have returned since he would not have obtained any immigration status status, despite your marriage. And in fact, his illegal return further damaged his case in that if he was deported twice, he is then deemed an immigration recidivist. Aliens so classified, will not be able to get a green card until they have stayed outside the US for at least 20 years starting from the day of their last deportation, which in his case is about 6 years ago and so, he must remain outside for another 14 years. Also, if his original deportation was for an aggravated felony, it would have carried a 20 year bar before he can apply for waiver to return. Having addressed those issues, I state that all is not necessarily lost. But in order to address your case in greater detail, you should speak to an immigration attorney who can carefully review all the records of his cases (criminal and immigration) to determine the legality of both proceedings in case an avenue may exist to challenge either or both proceedings which are valid under the law until otherwise shown. There can be no guarantee of this inquiry, but unless the issues are reviewed properly by a crimmigration lawyer, I know of no other way to overcome the issues I have described above. An issue I'd seriously consider is whether he is indeed a US citizen and hence not even deportable since he came here as a I year old as well as the possibility of a CAT claim Finally, I warn of the consequences of another attempt at illegal reentry which may subject him to criminal prosecution and a mandatory minimum 72 months sentence and 3rd deportation under 8 USC.1326(b). Good Luck.... Read Answer

Citizenship usually takes about 4-6 months so not sure why your husband's filed more than a year ago is still not up for interview. Follow up on that. As far as him petitioning for you as a green card holder, the process takes about 3 years and if you are already out of status you would not be able to adjust status anyway. You'd have to wait until he becomes a US citizen and then you adjust as an immediate relative (spouse of US citizen) whereby unauthorized stay is forgiven.... Read Answer

For reasons too numerous to recount in this forum, it is infinitely wiser for your grandmother to become a US citizen. Second, unless there are issues such as previous criminal conviction in her past, she will not lose her green card just because she filed for citizenship. Third, CIS provides opportunities for aliens who are of advanced age or with medical challenges to be interviewed in their native language. In fact, for those individuals whose medical issues makes it difficult to pass the citizenship interview, such individuals may be able to avoid the citizenship test altogether and still become US citizens. You should consult with an experienced immigration lawyer to help your grandmother attain her wish to become a senior US citizen.... Read Answer

Hello: Your question is unclear. *Removal/Deportation Representation* It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.... Read Answer

You, probably, would not like this recommendation, but you have to find a good immigration attorney. Someone has to take your case back to the immigration court and win it there. No matter how much advice you might collect on the Internet, this task is too much for someone who is not a specialist in immigration law. If ICE takes you back into custody or schedules execution of the removal order, helping you will become even harder; and, if you get deported, bringing you back can take years - and no one can guarantee you that it can be done. So, I advise you to start looking for an attorney without any delay.... Read Answer