Oklahoma Immigration Legal Questions

There is no procedure through which to appeal a travel ban. You may ask CBP or the U.S. Embassy to reconsider but without knowing more about what happened at the airport, it is not clear if you have an argument. You may request a waiver. The waiver would allow you enter the U.S. again with the appropriate visa. You can read more at http://myattorneyusa.com/visa-refusals-and-avenues-to-respond.... Read Answer

You cannot simply change your status from nonimmigrant visitor to immigrant. To obtain a green card, you typically must have an immigrant visa petition approved. An immigrant visa petition can be filed by a family member or employer. There are opportunities to for nonimmigrant status or a green card through investment. The amounts involved and eligibility will depend upon the exact path you wish to pursue. You can read more about immigration benefits through investment at http://myattorneyusa.com/investment-immigration.... Read Answer

You should have received the replacement green card based upon current processing times. You may want to consider scheduling an infopass appointment at your local field office. You can inquire about the status of the replacement green card as well as request a stamp in your passport that is proof of your residence.... Read Answer

There is no one situation that makes a person eligible for refugee or asylee status. The person must establish he/she has a well-founded fear of persecution in his/her native country on account of race, religion, ethnicity, political opinion, or membership in a particular social group. You can read more about refugee and asylum protection at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

No. Your son cannot use a visitor visa to enter the country when his intent is to remain permanently. You need to file an immigrant visa petition to bring your son to this country. Your son will need to wait his turn to immigrate. What you are proposing can make your son permanently inadmissible for material misrepresentation. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

No. Your son cannot use a visitor visa to enter the country when his intent is to remain permanently. You need to file an immigrant visa petition to bring your son to this country. Your son will need to wait his turn to immigrate. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Ignorance of the immigration law will not excuse what you did. I understand you were desperate, but you may lose your residence for alien smuggling for which there is a very limited waiver. You need to take the Form I-213 and any other documentation you received from CBP to an experienced immigration attorney for review. Whether a waiver will be available will depend upon the specific allegations in the Form I-213. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

You can start the process at any time after marriage. If your husband entered without inspection (such as crossing the border illegally), he will not be able to adjust his status to lawful permanent resident in the United States. He will need to obtain an immigrant visa in Mexico. He may qualify for the provisional waiver program. This will allow him to obtain an unlawful presence waiver prior to departing the United States. This waiver is designed to minimize the length of separation. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Your question is not a matter of immigration law but rather family/matrimonial law in the state where you reside. You may be able to use an alternative method of service if you cannot locate him. You may also simply be required to serve him at his last known residence. Speak to an experienced attorney in Oklahoma. If you previously petitioned for him, you can withdraw the petition if still pending or notify USCIS of your suspicions of marriage fraud. ... Read Answer

It can take sake awhile to receive a court date. The immigration courts across the country are extremely backlogged. That being said two years is a long time. It could be that DHS never filed the Notice to Appear with the Immigration Court. There are steps that could be taken to determine what the delay. How you would proceed will depend upon the reason for the delay. If you do not believe your attorney is being proactive, you should at least consider consulting another attorney for another opinion. You can read more about removal proceedings at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Is the divorce final? If not, he should focus on finalizing the divorce. Was your fiancé previously in the United States? If so, for how long? What was his immigration status during this time? This information is needed to determine the options available. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Unfortunately, your status terminated by operation of law upon termination of employment regardless of what your I-94 states. Your authorized stay is tied to your employment. There is no grace period after termination. You are expected to depart the United States immediately. You and your spouse are accruing unlawful presence. You should depart the United States as soon as possible. You can attempt to return later if a new job opportunity comes up. You will be subject to a bar to admission once you have accrued 180 days of unlawful presence. You can read more about work visas at http://myattorneyusa.com/work-visas.... Read Answer

You may marry while she is here but her and her son may not remain in the United States. Your wife and stepson would not be able to adjust their status in the United States if they failed to maintain status. Failure to maintain status is only forgiven for spouses of citizens. Your family would have to live without status until you naturalize. It would be better for them to seek an immigrant visa abroad. You can file immediately after marriage. The process will take about 18 months. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Hello, If you presented yourself to an immigration officer at the time of entry you may be able to adjust status in the US, however not only would you have to show you did in fact present yourself for inspection you would also need a waiver of inadmissibility for having misrepresented yourself to an immigration officer. Please contact me for a free consultation to further advise on your specific case.... Read Answer

Hello. Your husband can only petition for your children who were under 18 years of age when you became legally married to him. You can still petition for your daughter as long as she is not married, her nationality will determine how long it will take for her to receive her visa. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq.... Read Answer

There is no early immigrant visa processing for your mother so that she can help out your wife during her time of carrying the baby. The only suggestion that I can give is to have your mother apply for a visiting visa (B-2) in which she can explain her reasons for coming to the U. S. and that she will be leaving at a fixed point in the future. You can also support the nonimmigrant visa application by providing a letter of assurance to the consul that your mother will not be working while she is here and that she will return to the home country at the end of her visit. You can also provide the financial support through an I-134 affidavit of support with job letter, bank letter, and last year’s tax return.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

There are three options for how to accomplish this, each depend on your timeline, needs and budget. You should locate a reliable immigration attorney in your area, there are some very good attorneys working in Oklahoma, who can guide you into the most appropriate pathway. You may surpised how easy this will be once you have professional guidance.  Good luck!... Read Answer

Hello. This may be possible.  Yes, you can process in the US, if you come with the intent of a tourist. If you enter with preconceived intent to file for your green card, you may be refused entry or ultimately denied based on your fraudulent entry. Therefore, you must handle your process carefully and within the bounds of discretion. However, you want to time this out appropriately so there are not issues. And, if you only got one month, I imagine your status is about to or has expired. Feel free to contact me if you want assistance. ... Read Answer

We can file a Fiancé visa and you will have to show that you can financially support your fiance. You must prove you have met at least once in the last 2 years. In addition, they must qualify for an Immigrant Visa with a clean medical and criminal record. The process takes about 6 months to get approved in the U.S. Then, it will be sent to your fiancé’s Consulate for Processing (these processing times vary, but total time should not be longer than a year). Once they arrive on the K-1, you will get married and file an Adjustment of Status for “Conditional Residency”. This green card will be good for 2 years. At the end of those 2 years, you must file another petition documenting that you two are married and living together.   Let me know if you would like more information or need further assistance: Harun@ksvisalaw.com or 858-874-0711.    ... Read Answer

In your case, there would appear to be two issues. One would be your false accusation for assault and sexual assault and the second would be your intent at the time of entry to the US. If you married within a short period of time (within 60 days), an immigration officer may believe that you abused your visa waiver privileges and misrepresented your actual intentions in coming to the country. In either case, you might have to file an I-601 application for waiver of excludability (the criminal offense if it would render you excludable) and the adjudication would depend upon whether you are able to establish that your husband would suffer extreme hardship if you were not granted the waiver. The officer will take into account the seriousness of the offenses as opposed to your equities if he or she determines that there is extreme hardship. During the time the your case is being worked upon, you are generally allowed to remain. From the facts that you have presented, you have a chance of obtaining a hardship waiver although I do not go into percentages. If a denial of the I-485 occurs, you would generally be asked to leave the US within 30 days. As you were admitted under the visa waiver program, you would have no right to appear before an immigration court if the local director of the U.S.C.I.S. field office decided to enter an order of removal against you.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