New Jersey Immigration Legal Questions

We appreciate you queries. In order to properly respond to those queries we need to obtain some additional details from you. The J-1 visa may make an individual subject to section 212(e) of the INA. This section of the law requires that an individual either waive or fulfill the 2 year residency requirement before becoming a permanent resident in the U.S. An analysis of the applicability of section 212(e) is necessary in this case.... Read Answer

Hi. You may have to reapply by yourself for Naturalization. If you have a green card and have resided in the US for 5 years, have good moral character, etc., you may qualify and file a new case for yourself. It would be good to find out what happened and you can file a Freedom of Information Act (FOIA) request to see what happened on the old case. I also offer free consultations, if you would like to discuss in more detail.... Read Answer

The I-751 application to remove the conditional basis of residence status looks to see whether the relationship was bona fide at its inception as seen through the prism of the two-year period of conditional residence. As your wife already signed the petition and you submitted it with your evidence, you will at the stage wait for further action on the part of U.S.C.I.S. It may approve the petition without more. If it requires an interview, you should of course attempt to locate your wife and have her accompany you to the interview. If not, you should attend the interview anyway and explain your situation to the U.S.C.I S. examiner. Perhaps he or she will be sympathetic to your situation if he or she is convinced that you have had a bona fide relationship.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 entered the country illegally, you are not eligible for adjustment of status to permanent residence even if you are married. I assume that as you entered the country in 2004, you are not the beneficiary of section 245(i) which would allow the ability to adjust status upon payment of the fine amount and the basis for adjusting status if you had a labor certification application or immigrant visa petition pending as of April 30, 2001. There is a chance that if you are married and your wife becomes a US citizen, you may qualify for administrative closure of your case so that you can file an I-601A application to remove the bar of being here illegally. If such is approved, your immigration court case could then be terminated and you would be allowed to interview at the American consulate or embassy in your home country for the immigrant visa. Otherwise you could wait to see what will happen with all the discussions in Washington concerning comprehensive immigration reform.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 I understand your question, you already have a conditional green card and are worried about your wife's arrest record once you apply for removal of the conditional basis of the card. In assessing an I – 751 application, U.S.C.I.S. looks to see whether there is sufficient evidence of a bona fide marital relationship. It does not focus upon your spouse's arrest record.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 by this, you mean the couple's passport of their original homeland, the validity of their foreign passports, except as a means of identification should not have any bearing on their application for naturalization, if they are otherwise eligible to naturalize. But note until they become US citizens, and for other reasons not connected with their wish to naturalize, they should have a valid passport of their country... Read Answer

If you were deported in 2011 and have done nothing up to this time, I do not believe that it would be possible to open your case again for an appeal. Usually this is only possible where where you appealed on a timely basis. If you did not, you would probably only be able to reopen your case if the law in the area has changed or you had a deportable conviction vacated. In many instances where crimes are not involved, people who have been deported and have US citizen or permanent resident immediate relatives sponsor them may be able to apply for waivers of removal and of illegal stay in the US. An employer could also possibly sponsor for the green card and you could possibly use the need for your services in the country as a reason to apply for permission to return to the US prior to the 10 years bar of your deportation. I do note, however, that most illegal stays in the US for a year or more also incur a 10 year bar which can only be waived through showing extreme hardship to a permanent resident or US citizen spouse or parent.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 your son-in-law is here on a student visa and has submitted further papers near his graduation, I will assume that he has applied for postgraduate optional practical training under which he can work for one year into his field of study. He is not allowed to work until U.S.C.I.S. has approved the work authorization and issued a work card to that effect. Your son will have to work it out with his employer until then.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 attempt different avenues of immigration. The difficulty may be that you will not be qualified to adjust status to permanent residence in the country since you are already out of status. While there is an exemption that allows immediate relatives of US citizens to adjust status without leaving the country if they have overstayed, that exemption does not apply to the immediate relatives of permanent residents. If you have not been out of status for more than 180 days, you may decide to leave at this point after marrying your girlfriend who would then apply for your residence status which you could ultimately obtain after interview at the American consulate or embassy in your home 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

Your reasons for contemplating that you might be charged with immigration fraud is unclear. Because a credible fraud charge is a strong basis to deny your adjustment of status application as well as possible entry of a removal order, it is strongly suggested that you consult in detail and in strict confidence with an immigration attorney and to whom you need to share all of the reasons for your belief in a potential immigration fraud charge.... Read Answer

I will assume for purposes of your question that you are a US citizen and that your immediate relative spouse has been denied an immigrant visa. In that case, the consular officer would generally notify your spouse as to whether she is eligible to file for a waiver of excludability. If the ground of denial was fraud or misrepresentation, she would have to file an I-601 application to waive the ground of exclude ability. If she was previously deported from the US, she would have to file form I- 212 request for advance permission to reapply after deportation or removal.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

When a person has two I-485 applications pending, the hope is that the U.S.C.I.S. field office will have both in the file at the time of interview. If the officer does not approve the marriage-based I-485 based on the pending employment-based I-485, you will have to wait until the officer is able to obtain the other file before your case can be finally adjudicated. You can attempt to notify the field office by letter ahead of time that you have the other case pending and where it presently is at, but there is no guarantee that it will be in the file at the time of interview. Unfortunately such could delay an adjudication by months.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