Ohio Immigration Legal Questions

Your parents will likely be found to have abandoned their residence. The fact that there green cards have not expired does not protect them from a finding of abandonment. Once an alien remains for more than a year, he/she is presumed to have abandoned his/her status. While this presumption can be rebutted, it will be difficult to do given they have been outside the country for four years unless they have proof they never intended to abandon their residence and that they remained outside for so long due to circumstances outside their control. They could seek an SB-1 visa. However, your parents will likely need to go through the immigration process again to obtain lawful permanent residence. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

At this time, U.S.C.I S. is experiencing long delays and backlogs in scheduling asylum cases. You must be patient. In the meantime, you can continue extending your employment authorization. You should also inform the agency if you move.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 cannot file an immigrant visa petition for a former spouse. You would need to be married in order to file an immigrant visa petition on his behalf. In addition, it is important to know more about why your former spouse was deported. Under some circumstances a person who is deported is permanently ineligible for admission. Someone who was previously deported often requires a waiver at the very least. Do you know why your former spouse was deported? If his deportation was the result of a criminal conviction, please provide as much detail as possible about the conviction. You can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read Answer

You cannot petition for your daughter-in-law and grandson. You could only petition for your son. Your daughter-in-law and grandson could benefit from the petition you file for your son but only if he is issued a visa. Given he is currently in jail, there is a good chance he would not be eligible for a visa though a definitive assessment could not be made without knowing why he is in jail. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Based upon the information provided you would be able to file for naturalization under the five-year rule. You would be able to file for naturalization once you have been a resident for four years and nine months. This assumes you meet all other criteria. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

You may qualify for a fee waiver. Supporting a spouse and children overseas in and of itself will not qualify you for a fee waiver. However, if your income is below or at 150% of the federal poverty guidelines or you can establish financial hardship, a fee waiver may be granted. A fee waiver is not easy to obtain you must fully document the basis. You can read more about the naturalization process at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

You may be able to take advantage of INA 245(k) to cure the fact that you were out of status. Honestly, much more information is needed about the facts to determine how to best proceed. Have you discussed the matter with the second attorney? You can read more about employment immigration at http://myattorneyusa.com/employment-immigration.... Read Answer

Marriage license fees vary from country to country. You will need to contact the government agency responsible for issuing marriage licenses in the country where you wish to marry. Many countries now post this information on government websites. You can read about family immigration to the United States at http://myattorneyusa.com/family-immigration.... Read Answer

There is no requirement that a person immigrating to the United States have a certain amount of money in the bank unless immigrating through the investment visa program. An immigrant through a family-based petition will need typically be required to submit an affidavit of support to demonstrate he/she will not become a public charge. You can read more about immigrating at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

You you must be truthful in all communication with the consular official. You should admit providing false information. There will be consequences but it is usually better to admit you lied than to try to lie again and get caught. You will be required to file a waiver. You can read more about the waiver at http://myattorneyusa.com/waivers-for-fraud-or-willful-misrepresentation-of-a-material-fact-to-obtain-an-immigration-benefit.... Read Answer

Unfortunately, the only way to obtain a copy of your certificate of citizenship is to complete the form and pay the filing fee. You may be able to obtain a copy through the Freedom of Information Act but this would not be acceptable evidence of citizenship. It would simply be a photocopy of the original certificate. ... Read Answer

There is no timeframe. USCIS typically adjudicates a petition within 60 days of receiving a response to an RFE. After 60 days, you should follow-up with USCIS by attending an infopass appointment. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You should be able to file for naturalization in August 2016 under the four year and one day rule. You must meet all other eligibility requirements including the physical presence requirement. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer