Ohio Immigration Legal Questions

You do not want to do anything that could jeopardize a case. With that being said you should have an experienced Immigration Attorney look over everything to guide you in the right direction. The money spent for a consultation, whether in person or via telephone, is usually well worth it if it helps or prevents a negative consequence.... Read More

In general, when sponsoring a foreign national for a green card base don marriage, U.S. immigration will want to confirm: 1)  The relationship/marriage is real and legitimate and not a sham marriage for immigration purposes; 2)  The foreign national does not have any prior criminal issues that would affect green card eligibility 3)  The foreign national does not have any prior immigration problems that would affect green card eligibility 4)  The U.S. citizen spouse can meet the I-864 affidavit of requirements If you have been working for only a month, that may not be enough time to prove you meet the affidavit of support requirements.  depending on how long you have been married/living together, your foreign national spouse may be able to use her income for this purpose or you may need a co-sponsor. You can information on the process, including the affidavit of support requirements, at: http://srwlawyers.com/adjustment-of-status-marriage-to-u-s-citizen/ http://www.familytousa.com/green-card-through-marriage-ad/   See also: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD   Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com      ... Read More

The next process will be up to U.S. ICE as to whether to place you under proceedings or to do nothing further and exercise its prosecutorial discretion favorably. If placed under proceedings with a notice to appear (NTA) before the immigration court, you would have an opportunity to present any claims for relief to remain in the country. At that point also, you or your attorney could approach DHS attorneys who will be handling your case for a favorable exercise of prosecutorial discretion if you have good equities. If they decide that your case is worthy of prosecutorial discretion, DHS attorneys will usually agree to administratively close your case. Under an administrative close, your case is still within the jurisdiction of the immigration judge and either side can move to recalendar the case before the immigration court. Such could occur in the future if you later have a good claim to relief and wish to present it to the court for more permanent relief, or DHS could be the movant if you later commit a crime or the agency believes that your case no longer warrants prosecutorial discretion.... Read More

If your J1 exchange program is funded by either your home country's government, or by the US government, or if your J1 position is named on the State Department's "skills list" for your country, you are required to return to your home country for two years.  This is intended to allow you to share your skills, knowledge and experience with your home country.  A waiver is available.  The notation on your visa may or may not be accurate.  I recommend you check the skills list and seek a waiver if you are, in fact, subject to the two-year home residency requirement.  Here is a link to the skills list: http://travel.state.gov/visa/temp/types/types_4514.html... Read More

You may marry whenever you like.  You may rely on your boyfriend's assets if his income is not enough to meet the income requirements.  That is assuming the asset account is one that your boyfriend controls or might control.  You should get at attorney to help you to be sure you complete the I-864 correctly.  Once you marry, you can file to adjust status at any time--of course, the sooner the better.  I assume your J-1 visa does not require you to return to your home country?... Read More

Congratulations on your upcoming marriage. Since you are graduating soon, have you applied for Optional Practical Training (OPT)?  If no, you should look into this as it will provide 12 months of work permission after graduation. Even w/o OPT, you should have a grace period of 60 days after you graduate.  You may file your green card paperwork based on marriage certainly within that 60 day period.  Overall, the timing of your marriage either before you graduate or very soon afterwards should not be a big issue.  You should 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.  There are many specific issues that should be reviewed in your specific case, including affidavit of support issues, any immigrant intent concerns while being in F-1 status etc.  You can find info on the green card process based on marriage to a U.S. citizen at: http://www.familytousa.com/green-card-through-marriage-ad/ http://srwlawyers.com/adjustment-of-status-marriage-to-u-s-citizen/ Every case is unique.  You may want to consider consulting with an experienced immigration attorney who can advise on a proper case plan for you. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read More

Hello,   A person who has been deported from the U.S. can visit the U.S. provided he can obtain a visitor's visa from a U.S. consulate abroad. The Consulate will look at many factors including how long it has been since deportation, the likelihood of your friend remaining in the U.S. illegally, his ties to his native country, etc. in deciding whether to grant him a visa. It may be difficult to get a visa but it is not impossible. Notes: This is general information only and is not legal advice. It is advisable to consult with an immigration attorney about your specific case.  ... Read More

Congratulations on your recent engagement. I am sorry you ran into problems at the port of entry when trying to enter the U.S.  Certainly being an entertainer can raise red flags for CBP as to the purpose and intent of your entry.  As you know, it is common for entertainers to come to the U.S. to "visit" but really play some shows etc.  CBP could also be concerned that you will stay in the U.S. rather than  just visit in order to stay with your fiancee.  (They could view you as an intending immigrant.) At this point, it may be difficult to be admitted as a visitor w/o stronger ties to Canada (employment, apt etc.)   We have assisted clients in similar situations come to visit a fiancee, but it did require a thorough review and preparation of the case. At this point,  you should consider starting the K-1 fiancee process while also investigating options to be admitted to the U.S. as a visitor.  In your case, both will likely require attorney involvement, and minimally you should consult with an immigration attorney who is experienced with border issues, K-1 filings etc.  We are located in Buffalo and have a large border practice.  We are happy to consult with you on these issues if you are interested. As any FYI, you can find info on the K-1 process at: http://www.familytousa.com/fiance-petition-k-1-visa/ Based on your denied entry, you should consider consulting with an immigration attorney who can review your specific facts and outline a case plan for you. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com      ... Read More

Dear client There is secondary evidence that you can provide in lieu of your birth certificate.  Your marriage has to have existed prior to your obtaining asylum for your wife to qualify.. as far as your arrest records, you need to have them reviewed by an attorney that you trust to determine their affect on your admissibility to become a permanent  resident. Good Luck..... Read More