New York Immigration Legal Questions

You and your spouse will need to start the adjustment of status process. This requires both you and your spouse to file a variety of forms and supporting documentation with USCIS. You will be able to request employment authorization from USCIS. It typically takes 90 days to have the request approved. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

If you were in the US under a C-1/D visa for the period of time that you state, you would be barred from reentering the US for 10 years from May 2012. If you have good reason to return to the US on a temporary basis and are eligible for a non-immigrant visa, the US consulate or embassy may allow you to apply for a temporary waiver of the 10 year bar. (If a Canadian citizen, such an application would be made to U.S. Customs and Border Protection). The request for waiver would then be forwarded to The Admissibility Review Office of U.S.C.I.S. which would make the final decision on whether to grant you a waiver. Additionally if you have a basis to immigrate and are at the immigrant visa interview stage, you might be able to seek a waiver of the 10 year bar if you have a spouse or parent who is a US citizen or permanent resident and would experience extreme hardship if the waiver was not granted. The request for waiver would be made to U.S.C.I.S.'s lockbox in Phoenix Arizona, and the expected time to decision would be approximately 6 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

Your friend did a very stupid thing. Committing marriage fraud can result in steep fines and jail time. He should not make matters worse by pursuing immigration benefits on her behalf. He should immediately file for divorce. Most states do not require both spouses to agree to a divorce. However, of the spouses do not agree, the process will likely take longer. ... Read Answer

Generally, a foreign national who is married to a U.S. citizen, and who has entered the U.S. lawfully and with inspection (with a visa), will be able to succeed in a marriage-based adjustment of status application to become a Permanent Resident (to get a "Green Card"). After being a Permanent Resident for three years, the foreign national then may apply to become a naturalized U.S. citizen. It is not possible to skip the Form I-130 and I-485 application steps and go directly from having a nonimmigrant visa to an applicant for naturalization. There are many issues and considerations to determining whether a foreign national married to a U.S. citizen will be eligible for these types of applications, and it would be wise for you and your husband to consult with an immigration attorney. After learning all of the relevant information about your husband, his immigration-related history, your marriage, etc., an immigration attorney would be able to advise about eligibilities, options and strategies, and would be able to offer legal representation in the often quite complex application process.... Read Answer