North Carolina Immigration Legal Questions

Hello,  You can marry your fiancee without any fear of deportation as the county registrar is different from the USCIS. Their job is simply to marry people and not to check their immigration status. You indicated that your wife entered the US illegally, therefore you should consult with an immigration attorney if you wish to find out if and how she can obtain legal immigration status in the U.S. Good luck.  Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  ... Read More

I could not comment w/o seeing the divorce certificate, but paperwork confirming that your ex-wife is divorced from you may be enough.  If that paperwork shows that the divorce is finalized, that may be all you need for the K-1 process.  Again, however, that paperwork should be reviewed by an immigration attorney before proceeding with the K-1 process. You can find info on the K-1 process at: http://www.familytousa.com/fiance-petition-k-1-visa/ Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read More

I would submit your parent's marriage certificate, also a DNA test would be the strongest proof of the basis of the application (the relationship between you and your Mother). Sincerely, Rehan AlimohammadAttorney at Law & CPA Law Offices of Rehan Alimohammad, PCHouston Office: 281-340-2074Toll Free: 800-814-3920Fax: 866-240-0629www.attorneyrehan.com  ... Read More

The proposed changes to the hardship waiver are that the waiver would be filed here in the U.S. rather than having to do so through the U.S. Consulate outside of the U.S.  The proposed changes are filing procedures alone, and nothing substantive about eligibility would change.  The hope is to try and reduce the amount of time the foreign national spouse would be forced to be outside of the U.S. and away from his or her family.  At this point it is only a proposed change, and nothing has been finalized.  You can find some useful info on hardship waiver eligibility at: http://www.borderimmigrationlawyer.com/i-601-waiver-approval-extrem Right now the change in filing procedures is only a proposed change, and nothing has been finalized.  It is unknown at this point how the proposed change will work if finalized, any risks to being placed into removal proceedings if the waiver is denied etc. These types of cases are fairly complex and I recommend at least consulting with an immigration attorney to understand your specific facts, strength of case, timing considerations etc. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

Not filing I-751 paperwork to remove your conditional status is a serious issue.  Filing that paperwork now 10+ years later will result in serious scrutiny by CIS in your case.  There will need to be a clear and thorough explanation as to why you never filed before to lift your conditional status. Filing this late carries some serious risks.  If your I-751 is denied, you could be placed into removal proceedings.  Given your current situation, you really need to consult with an immigration attorney to review options and risks with filing paperwork to lift your conditional status now. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

You need to clarify your use of the word "asylee". Asylee means someone who has been granted asylum. Do you mean your fiancee was granted asylum by either USCIS or an Immigration Judge? Or, do you mean that she has filed for asylum and is awaiting a decision? This greatly affects the advice an attorney can give on the matter. As for travel, if she is currently in proceedings before an immigration judge, she absolutely should NOT leave the US. If she was granted asylum, she also should not leave the US until she obtains a Refugee Travel Document or Advance Parole. You definitely should consult an experienced immigration practitioner in your area.... Read More

If your husband last entered the U.S. with inspection but is an overstay for many years, he may still be able to file for and obtain a 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.  If he had a passport stamped or he was documented in any way, that makes the process a little easier.  If no, affidavits may be required.  Even an immediate relative, 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 Mexico.   Again, the key in his case may be whether he entered last when he was a child with inspection or not.  We have handled similar cases where we had to prove that an entry from long ago was lawful. Addressing the last lawful entry issue, if he did enter with inspection, he may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  Every case is different.  This is a complex issue that should be reviewed by an experienced immigration attorney.  Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com... Read More

Your husband may be able to sponsor you for U.S. permanent resident status.  This is a two stage process starting with filing I-130 paperwork through a CIS Service Center in the U.S. and then processing for your immigrant visa through the U.S. Consulate abroad. the first step is For your husband to file I-130 paperwork here in the U.S.  See: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD  After an immigrant petition (family-based or employment-based) filed in the United States is approved by ISIS, and the petition requested immigrant visa processing, it is forwarded to the U.S. Department of State's National Visa Center (NAVIG) for processing. The NAVIG has a significant role in the next steps of the immigrant visa process by providing instructions to petitioners, sponsors, and visa applicants throughout the documentation gathering; reviewing required Affidavit of Support forms from sponsors to ensure compliance; and receiving fees, application forms, and other required documents from visa applicants. Upon receipt of the approval notice from ISIS, the National Visa Center will send an acknowledgement to the beneficiary that the approval notice has been received by the National Visa Center.  See: http://www.familytousa.com/immigrant-visa-processingconsu/ You should have your husband consult with an experienced immigration attorney to discuss the green card process. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read More

Dear Sir/Madam, It is not clear from your answer as to what paperwork you are referring to.  What type of petition or application did you file, with which agency and where did you file are all relevant questions as the processing times differ for each jurisdiction.  Generally speaking, most immigration related agencies should provide you a 4 week notice of an interview. If you could elaborate on what type of process you filed and where, I could be of more help to you.  Gus M. Shihab, Esq. The Law Firm of Shihab & Associates, Co., LPA Free Initial Consultations gus@shihablawyers.com 1-877-479-4USA ... Read More

A boyfriend is not a qualifying relationship or relative for whom you can petition. He would need to file for the B-2 visitor visa on his own. If you are engaged and have met physically in the past two years, then he may qualify for the K-1 Fiance visa. Please call me to discuss the details.... Read More