Oregon Immigration Legal Questions

There are several forms of relief from deportation that would look to extreme hardship to a US citizen spouse or child as a factor in the determination.  You should get a lawyer to help you choose the best form of relief and make the best case for that relief in front of the immigration judge.... Read Answer

In general, the K-3 visa is useless and outdated because of changes in processing times.  The K-3 is a hybrid visa and combination of the K-1 and immigrant visa options.  It was created because based on previous processing times, it was much faster for a fiance to obtain a K-1 than a spouse to obtain an immigrant visa.  Now that those processing times are similar, the K-3 is not used very often. In general, your options would be to use the K-1 as a fiance or marry and pursue the immigrant visa.  There are various pros/cons to each strategy that should be reviewed through a consultation with an immigration attorney.  One is not necessarily better than the other, and whichever is the best fit depends on your specific situation. You can find some helpful information on each option at: http://www.familytousa.com/fiance-petition-k-1-visa/ http://www.familytousa.com/i-130-immediate-relative/ http://www.familytousa.com/immigrant-visa-processingconsu/ Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read Answer

You cannot become naturalized in most cases until you first become a permanent resident. What status do your parents have? The exception to this is if you can somehow derive citizenship from one or both of your parents. Were any of your grandparents citizens? Since you have overstayed for many years your options are likely limited but I would suggest a paid consultation to go over your qualifications, status, possible sponsors, etc. Take a look at the DREAM Act currently being sponsored in Congress as this may help you if it becomes law.... Read Answer

If in the US, processing times are about 3-5 months. If out of the US, 9-12 months is realistic. He must meet the affidavit of support requirements or have someone else willing to act as joint sponsor. If you marry before your child is 18, then your husband can sponsor him at the same time. Otherwise it will be many years before he can enter.... Read Answer

If her primary time will be spent overseas I recommend she file a Reentry Permit to have more flexibility on having to return. You need to be very careful that she doesn't inadvertently abandon her green card that you worked so hard to obtain. This is a factual determination on her ties to the U.S. - is she filing U.S. tax returns, does she have a domicile in the U.S., bank account in the U.S. etc.... Read Answer

You need to list your current marital status on the application. It won't affect the process. It generally takes around 4 months to have a final decision in citizenship application. The process to bring spouse to the US is complicated, it could take around 1 year. You start by filing applications with USCIS.... Read Answer

Generally speaking you will be safe to stay outside for less than 6 months. If you stay more than 6 months, it is recommended that you apply for re-entry permit, which will allow you to re-enter US after prolonged stay outside. However, re-entry permit itself is not a guarantee. You may still be asked to provide evidence that you have not abandoned your permanent residency if you stay outside for too long.... Read Answer

There is no problem if your fianc pays child support. The standard USCIS uses is 125% of the Poverty Guidelines depending on family size. Whether or not the children he is paying child support on count depends on whether they show as dependents on the tax return or if they live with him (joint custody or other arrangement).... Read Answer

If you are the brother or sister of the U.S. citizen who filed the Petition in the FB-4 category then your spouse may be included if you are married prior to obtaining your permanent residency. If you are the child of the sibling beneficiary then you must be under 21 (some exceptions where you can go over 21) and UNMARRIED. Nothing is automatic. After filing the Petition then each beneficiary must pay fees and submit various Department of State and USCIS forms and supporting documents in preparation for an interview. I strongly suggest you retain an attorney to guide you through this.... Read Answer

If you feel that a divorce is the best option for you, then consult a family law attorney to get this started for you. With regard to your husband's immigration status he has a two year green card which will expire unless you jointly petition for him or he can show he is divorced, residing in the U.S. and that the original marriage was entered into in good faith. A high standard. If he doesn't want to return to the U.S. his card will just expire anyway so nothing for you to worry about.... Read Answer

Yes it is possible if you qualify and have a sponsor. Your H-1B petition must be received by USCIS before your B-1/B-2 expires and there will have to be an available H-1B number. These are going fast so act quickly if this is what you want to do. We would be happy to help you with this just let me know and I will send you the documents and fees to get started.... Read Answer

You may get married while he is in custody but just getting married may not be sufficient to prevent deportation. You would need to sponsor him for permanent residency and depending on the facts of his conviction and immigration history he may or may not be eligible for permanent residency or his eligibility may require him to return home and then apply for a waiver to return.... Read Answer