New York Immigration Legal Questions

The length of time that someone who is picked up and detained by Immigration depends upon ICE's view of the individual, Sometimes people can be released by the agency on their own recognizance or on bail with a notice to appear at the immigration court. Otherwise they are generally held until they either have a bond hearing before the immigration court, or failing that, appear before the immigration judge for a master calendar hearing at which time they can ask for voluntary departure to leave the country or for any other relief to which they believe that they are entitled.  The actual time varies dependent many times on the speed of the local immigration court.  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 question would be best answered if we had the case number assigned by National Visa Center (NVC) and the invoice number. We can then access NVC web site and based on your sister's category and the country of origin we can then determine the approximate lenght of time before she is scheduled for an interview.... Read Answer

As you do not present a marriage based case in which one party has status and is petitioning for the other party, the rules on proving a bona fide marriage including joint tax filings do not necessarily apply in your case. There would not likely be any immigration problem concerning the bona fides of your marriage as long as there is any other proof that you have a bona fide marriage in which you have lived together as man and wife. We do not deal in tax issues, however, and you may wish to look into whether filing single when married would be a violation of tax laws. 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

While we are in New York City and our practice is confined to immigration law, we do not specialize in naturalization and travel documents. That being said, please contact us if you wish a consultation. We do charge a consultation fee.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

An immigration application or petition which is on hold usually means that U.S.C.I.S. is looking at something which may be of concern, and wishes a resolution of the question before further processing the case.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

Hey Andrea, if your interview is after the 2 years of marriage anniversary than you will be issued a 10 years green card. How long it takes to get an interview date it varies. Just call USCIS to make sure everything is okay and they have all the details. Maybe they might have mailed out a letter and you didn't get it. Just double maksure with the USCIS. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read Answer

Salam Alaa, you can not adjust to LPR using the child unless the child turns the age of adulthood. However, there are other ways to remain legally in the United States. We can certainly try to help you evaluate your options. Feel free to give us a call or text to schedule a consultation We charge $80/hour consultation paid via Credit or Debit Card. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read Answer

Salam Zabeen, Please understand that when you sponsor your spouse, you have to demonstrate to USCIS that this was a bonafide marriage. Filing tax returns jointly is one way to show the marital bond, but having two kids is better than the Joint Tax returns. Therefore, you don't need to worry about the Tax filings. One thing that you did not mention was that, does your husband have a Green Card. Without having the green card he can not apply for citizenship. Even if he has the green card, your husband has to be a resident of United States for a certain time period, prior to applying for citizenship. My name is Ahsan, and you can contact me directly at +1212-387-8001 or you can contact the office number. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in NY... Read Answer

You will need to work with an immigration specialist to discuss the case and let the attorney take care of the work. This way if there is ever an issue regarding this matter, you can always call us. For now feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in NY.... Read Answer

If you can meet the financial requirements and fix the issues for denial, you can re-apply. If you leave you might not be able to come back without a visa. You will need to speak to an attorney to go over all your options. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in NY.... Read Answer

Generally speaking, it is my understanding that an expungement would be difficult to obtain. If you wish, you can have your husband get together his entire criminal file and you and/ or your husband could consult with a criminal lawyer in the jurisdiction in which your husband was convicted. Such could be done telephonically even if your husband is outside the United States. A good criminal lawyer should be able to assess the chances of your husband obtaining an expungement.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

Yes. Your LPR status does not expire with the LPR card. You can file N 400 even if your LPR card expired. One you get the N400 receipt, you should schedule an infopass appointment and have your passport stamped with I 551 stamp which will serve as your LPR card replacement/extension for one year. ... Read Answer

Persons who have been persecuted or have a well-founded fear of persecution can ask for asylum upon entering the US at an airport in any status. You would of course have to be in an airport in the U.S.  I am not sure whether you can enter the U.S. in the way that you believe that you can.  But assuming that you make it to New York, whether an individual is able to stay in the US and eventually become a permanent resident depends upon the judgment of U.S.C.I.S. or an immigration judge (if asylum is not granted in the asylum office) or a higher appellate authority. Asylum claims must be based upon persecution or well-founded fear of persecution on account of race, religion, political opinion, nationality, or membership in a social group.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