North Carolina Immigration Legal Questions

Your ex may be able to apply for a visitor visa. Whether he will be eligible and, if so, the process involved will depend upon more information about his criminal history including the crime for which he was convicted and the sentence imposed. Assuming your ex is eligible to apply for a visa with or without a waiver, he will need to be prepared to demonstrate he is a changed man and has strong ties to his country. He should consider speaking to an attorney about his eligibility. ... Read Answer

You must actually be a citizen to petition for your mother. Passing the naturalization test or being recommended for approval to file for your mother. Once you have actually become a United States citizen, you can petition for your mother. The process will take approximately 6 to 8 months. Your mother must be careful if she timed this trip with your naturalization in order to circumvent the normal immigration process.  Once your mother becomes a lawful permanent resident, she could petition for your sister. Your sister's daughter can derive immigration benefits of under 21 at the time a visa becomes available. The process will take at about 8 years due to visa availability.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You or one of your siblings may be able to petition for your mother to receive an immigrant visa if you are United States citizens at least 21 years of age. The process your mother would need to follow would depend upon how she entered the country. Did she last enter at a border crossing? If not, she may qualify for parole in place given your brother is in the military. I would encourage you to speak to an attorney. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You must be divorced before you could start either the fiancé visa or immigrant visa process. There is no way around this requirement. Once divorced, you could either marry your fiancé in the Dominican Republic or file a fiancé visa petition. Either route you take will take several months to a year to complete. The best option would be to see if your divorce can be finalized sooner than October. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It appears your husband may have committed marriage fraud. You should contact the USCIS field office where you and your husband were interviewed. You can also notify the Department of Homeland Security. You would not be responsible for your husband financially if he lost his residence. ... Read Answer

Your wife will need to schedule an infopass appointment at the local field office. She will need to take the filing receipts mentioned and request an I-551 stamp. The local field office will lace a stamp in her passport that is evidence of lawful permanent residence. This stamp will likely be valid for 6-12 months depending upon local field office policy. ... Read Answer

You have a conditional residence card which will expire at the end of two years. The best course would probably be for you to notify U.S.C.I.S. in writing that you are divorcing, have no intention of filing an application to remove the conditions on your residence, and will be returning to your home country permanently. I suggest that you send such communication with proof of delivery. That may prove useful to you when you either apply for a visitors visa to enter the US, or if you are from a country under the visa waiver program, when you enter the country and are inspected by Customs and Border Protection. Whether you are able to file for divorce and sign it in your home country depends upon the law in your home country since you do not appear interested in living in the US anyway. 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

His boss filing for a work visa will likely not help. Your boyfriend is not admissible because he is likely subject to a bar to admission for unlawful presence and removal. A waiver of these bars would only be available for a nonimmigrant employment visa. The first step will be to either file a fiancé visa petition or marry and file an immigrant visa petition. Your boyfriend would not seek a waiver until after he has been interviewed by the consular official. The fiancé visa process is difficult as you will need two sets of waivers approved for him to eventually obtain his green card. This is a situation where you really need to consult an attorney. This is a complicated matter, which requires a more in depth discussion. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Your best bet is to discuss the issue with the attorney handling the Form I-140. He/she has access to the entire file and therefore, in the best position to provide guidance. If you want a second opinion, you should take the complete file to an attorney for review. You can read more about degree equivalency for employment immigration at http://myattorneyusa.com/degree-equivalency-for-eb2-advanced-degree-professionals.... Read Answer

Your boyfriend will likely require two waivers as he is likely subject to a bar to admission for deportation and unlawful presence. The unlawful presence waiver will require you to establish extreme hardship to a qualifying relative. A United States citizen or permanent resident spouse would be a qualifying relative. The best option would be to marry. His employer could help by providing a letter that confirms a job will be available to him in the United States. You should really discuss the process in detail with an experienced immigration attorney. In the interim, you can read more about hardship at http://myattorneyusa.com/extreme-hardship.... Read Answer

Attorneys' fees vary from attorney to attorney depending upon location, experience, and services to be provided. I would encourage you to contact a few attorneys about prices. In the interim, you can read more about the naturalization process at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Your boyfriend stands a good chance of being placed in removal proceedings. DWI/DUI is taken very seriously and this is his second conviction. You could marry. You may be able to start the process to obtain lawful permanent residence for him but more information is needed. I would need to know about his manner of entry and any other criminal history to determine how to best proceed. You can read more about criminal aliens and family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You have already submitted an inquiry. You need to wait for a response to your inquiry. At this stage, there is nothing more that you can do at this time. If you do not receive a response to your inquiry within the time allotted, you can contact the asylum office handling your case. You can read more about the asylum process at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

In filing the I-130 petition for your husband, you should put down both last names are which on the birth certificate for your husband. At some point or other, your husband's immigration paperwork has to match the name on the birth certificate. Whether you decide to take only one of his last names as your married name likely makes no difference, but truncating his last name on his own papers might cause a problem. 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

Definitely file to renew your DACA.  As for a future green card case:  If you came into the USA legally, you can file the complete case (his Form I-130, your I-485 and related forms) now.  I assume however you entered "without inspection" and so you have two basic options: (1)  Your husband files I-130, it is approved after interview in Charlotte or Durham, then you might be able to file I-601A provisional waiver application, and you file immigrant visa application.  When I-601A approved, you proceed to your IV interview at (for example) US consulate in Cd. Juarez. Advertencia:  Requirements for eligibility for Form I-601A are strict.  Go to www.uscis.gov/forms and read the I-601A instructions. (2)  When DACA renewal approved, if eligible, you apply for DACA-based permission to travel ("advance parole") based on urgent reasons.  If approved, you might be able to travel and return with "parolee" status.  As a parolee, you might be able to adjust status to permanent residence inside the USA (Form I-485).  If so, your husband files Form I-130 petition for you, and at the same time you file Form I-485.  No waiver required. Advertencia:  Please consult with an immigration lawyer in your area.  The NC Bar Association is one resource, Lawyer.com is another.  A competent immigration lawyer can offer you and your husband the guidance you need, now.  Whether it is a free consultation or not, it is money well spent.  Immigration law and procedures are very complex. Good luck to you and your husband.... Read Answer

Your spouse could petition for you even if he did not earn income from 2014-2015. He would still be required to file an affidavit of support on your behalf. Your income may be used to the requirements in certain situations. Your brother could be a joint sponsor if necessary. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You have the option of informing the fraud division of USCIS and providing them with your documents and affidavit. They'll take it from there.   1-(866)-DHS-2-ICE   FREE or visit the website at "ice.gov".  Contact USCIS directly at 1-(800)-375-5283  FREE.  ... Read Answer

If you were in the USA between 18 - 26 years old you were required to register with the Selective Service unless you were in a valid non-immigrant visa status. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

You really need to consult an attorney. Much more information is needed to assess you mr eligibility for a green card. I encourage you to schedule a consultation with an experienced immigration attorney. In the interim, you can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

In three years as the spouse of the US citizen or five years otherwise, you can petition to become a naturalized citizen. At that time you must have more than 50% residency in the United States. If you exceed any absence outside of the United States by 180 days, or more, the USCIS officer can decide that you have failed to maintain residency in the United States and may be ineligible for citizenship. This is why it is so important to never exceed 179 days outside of the United States as a permanent resident. Good luck to you.... Read Answer

Theoretically, it is possible. You could use an H-2B visa to petition for a nanny, but you will need to demonstrate no United States citizen or lawful permanent resident is available and qualified for the job. You will likely also face difficulty establishing the job offer is bona fide given the family relationship. You can read more about H-2B visas at http://myattorneyusa.com/h2b-visas.... Read Answer