New Mexico Immigration Legal Questions

Any nonimmigrant visa status that you may try to apply for on his behalf would likely be denied due to the overstay and also due to the fact that he most likely entered the US under a visa waiver which would not allow a change of status or extension of status in the States. I do note that children under the age of 18 are not subject to the 3 or 10 year bars which apply to most persons who are not legal in the country if they are illegal for 180 days or one year respectively.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 can file your N-400 application using your parents' address and explain the situation to the naturalization examiner at the time of interview if asked. But please note that there are jurisdictional lines to immigration field offices. If you are moving to another place which falls within the jurisdiction of another U.S.C.I.S. field office, your case would not be adjudicated and would instead be transferred to the one with jurisdiction over your new location once it becomes known.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 question will be whether your fiancée has custody over the child. If not full custody, the American consulate or embassy may request proof that the ex-husband has given permission for the child to settle in the States. I'm not aware that the US has any type of agreement to send children back to the home country, but there is concern that the rights of parents be protected.  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

Exceptions are granted under the immigration law for people who cannot go through a naturalization interview in English - those who have medical disabilities which are certified by professionals in the medical field, or those who are 50 years old holding the green card for 20 years, or those who are 55 years of age and holding the green card for 15 years.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

Unfortunately there does not appear to be any way for you to legally come back to the States unless one of your parents obtains permanent resident status, you marry someone with permanent status, a USC sibling sponsors you, or you have a work skill that would allow you to be sponsored for the green card. You would also have to obtain a waiver if you were eligible under the first two sponsorships.  Under the last two, you would have to wait 10 years as you are under the bar and a sibling or potential job cannot give you a waiver. Your departure from the country triggered a 10 year bar against your return. Had you remained in the States, you would have undoubtedly been eligible for the President’s program of Deferred Departure for Childhood Arrivals (DACA). But part of the requirements of that program are continuous residence from June 15, 2007 to the present and your physical presence in the country on June 15, 2012. Perhaps there will be another avenue of relief in the future, but the above paths are all I see now. 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 sounds like he is being detained pending an immigration court hearing.  Depending on the basis for the removal action, his case may or may not be expedited.  I would have to see his court paperwork to better advise you about the process and timing.  If he came to the US without authorization, there is very little chance he would be able to stay.... Read Answer

I don't see your question but I'm assuming you're asking if he will get deported.  More than likely he will be deported because controlled substance trafficking is an aggravated felony for immigration purposes.  Please contact an experienced immigration attorney to confirm.   Evelyne M. Hart, Esq. Evelyne M. Hart, PC - IMMIGRATION LAW OFFICES 1440 N. Harbor Boulevard, Suite 900 Fullerton, CA 92835 Toll-Free: (866) HART-USA (427-8872) Telephone: (714) 449-8409 email: ehart@hartimmigration.com URL: www.hartimmigration.com      ... Read Answer

ICE regularly reviews state criminal records for immigrants who have been arrested, charged or convicted.  There is no time limit for ICE to try and remove an immigrant who has violated the law.  You can challenge the removal action and seek relief under some circumstances.  Only a qualified legal professional can help determine the best course of action after consulting with your boyfriend.... Read Answer

The first step is to determine whether your husband is eligible for permanent residency (green card) based on your marriage. If your husband last entered the U.S. with inspection but is an overstay, the good news is that he may be able to file for and obtain his green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen. The big issue in his case is proving his last lawful entry into the U.S.  If he did not last enter the U.S. with inspection and he is an EWI (entered without inspection), there are more serious issues to review.  He may still be eligible to obtain permanent residence status based on your marriage, but he may need an immigrant waiver. In order to properly analyze all of the issues of your husband’s case, you should consider scheduling a consultation with an immigration attorney.  This allows the attorney to fully review the specific facts of your husband's case and advise on a proper strategy.  Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

There are many criteria an individual must meet in order to pursue permanent residency from within the U.S.  Some of the fundamental requirements include last entering the country through proper inspection, being in lawful status in the U.S. and never working without permission in the U.S. While most individuals may not adjust status if any of these criteria are not met, the last two are not impediments to an immediate relative wishing to adjust status within the U.S. INA 245(c) bar to adjustment because the person lacks current lawful status or the person worked without authorization does not apply to immediate relatives (spouse of U.S. citizen). Even an immediate relative (spouse of U.S. citizen), however, is ineligible to adjust status 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. Examples: (1) A foreign national enters the U.S. under valid H-1B status. He works for one year under H-1B status and then leaves his employer. He begins work at a new employer but doe snot file new H-1B or any other work authorization paperwork. Two years later he marries a U.S. citizen and wishes to apply for a green card based on that relationship. Is the individual eligible to apply for I-485 adjustment of status? Yes-Even though the foreign national no longer possesses lawful status and has worked without permission, he is still eligible to adjust status because he is applying as an immediate relative. (2) A foreign national enters the U.S. without inspection by hiding in the back of someone's truck. The individual stays in the country for two years and marries a U.S. citizen. The individual does not wish to leave the U.S. and wants to apply for a green card through I-485 adjustment of status. Is he eligible? No-There is no exception to the bar to adjustment of status for someone who entered the U.S. without inspection. if the individual wishes to apply for a green card, he must return to his consulate abroad and apply for an immigrant visa and I-601 hardship waiver. Your husband's case is very complex.  You should consult with an experienced immigration attorney who can advise on any green card options for him. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

Thank you for your question. If he was provided voluntary departure and does not have any criminal or immigration issues that would render him inadmissible, he may be able to process for an immigrant visa through a U.S. Consulate in Mexico. Much depends on whether he does have any criminal or immigration issues that render him inadmissible.  If yes, he may require an immigrant waiver in order to qualify for an immigrant visa. If there are no admissibility issues, you could sponsor him for a K-1 fiancee visa if you wish to wait and marry in the U.S. or sponsor him for permanent residency (immigrant visa) if you marry now while he is in Mexico.  You can find useful info at: http://www.familytousa.com/fiance-petition-k-1-visa/ http://www.familytousa.com/immigrant-visa-processingconsu/ First you really need to consult with an experienced immigration attorney who can review his complete history, determine whether he has any admissibility issues and discuss potential options for him to return to the U.S. based on your relationship.  Every case is different, and you will not obtain accurate information unless an experienced immigration attorney can review his very specific facts. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer