South Carolina Immigration Legal Questions

The correct filing fee for form I-765 when filing with an I-485 adjustment of status application is $260. This was made clear in the Federal Register implementing the change in fees. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

As Canadian citizens, you are not required to obtain visas to come to the US, nor apply for a visa waiver under the ESTA program. Canadians can basically enter the US by showing their Canadian passports. You must of course tell the truth to Customs and Border Protection if asked about your prior situation. In such case, the question of whether to overlook your prior violations will be up to the immigration inspector, and whether he or she believes that you will only be making a temporary trip for vacation and not work. Good luck! Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

As you have been outside the United States for 12 years and the green card only allows you to be outside the US for less than one year, it is highly doubtful that you will be allowed entry is a returning resident. I suggest that you think about other options by which you can immigrate to the US without relying on your prior green card status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Your use of the word “immigrant” leaves question as to whether you have already obtained conditional permanent residence or whether your husband ever filed papers for you at all. If he never filed for you, you are probably not eligible to file your application under the circumstances that you describe of him just disappearing. If you already have a conditional green card, your ability to remove the conditional basis in an I-751 petition may depend upon whether you are able to show that you had a bona fide marriage before he disappeared or that there are other circumstances such as eligibility under the Violence against Women Act (VAWA) or extreme hardship that you will face in returning to the home country – such hardship having occurred during the time of your conditional residence. 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

If your brother applied for you in 2010, you are still a long way from being able to obtain benefits through his petition. You state that you are an Indian citizen and I will assume for purposes of your fact situation that you are also born in India. Currently the final action date chart in the month of November 2020 for F-4 cases from India is only up to 3/8/05 and the date for filing chart up to 11/22/05. It will likely be at least another five years before you will be able to either file an I-485 application to adjust status in the US or form DS-260 immigrant visa application to process at the US Consulate or embassy. 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

Visitors visas are given in the discretion of the American consular officer. Chief factors that are looked upon are whether the officer believes that the visa applicant will leave at the end of the proposed time of stay and whether the applicant will have sufficient financial resources during the time of visit. She should wait an appreciable period of time – at least a few months – before attempting to apply again. You can assist by giving a letter of support stating what she will be doing during the time of her visit, guaranteeing that she will leave on time, and guaranteeing her financial support. You can show documentation such as an I-134 affidavit of support with job letter, proof of recent earnings, banking statement, and your last year's taxes. Hopefully with your assistance, your grandmother will be able to obtain the visa. 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

Yes as long as she entered the USA legally, you can marry her and then file for her green card through adjustment of status.(even if she overstays her visa).  During the pendency of the adjustment application, she can get permission to work based on your spousal petition. There are some restrictions if she is in a J1 visa. Counsel anywhere in the USA can represent you and some of us charge fees that are lower than the USCIS filing fees to handle the case throughout its lifespan. The case takes about 1 year. ... Read Answer

I believe that it would prove very difficult for him to obtain a visa based on the situation that you have outlined.  The fact that your mother's boyfriend is sick is detrimental in a visa application adjudication. The Trump Administration has recently even attempted to deny extensions of deferred action for people that the US previously admitted for medical reasons. Other negatives are that he never married your mother (if the request is for a humanitarian parole) and his longtime stay in the US for 11 years if he was illegal during that time. 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

A fiance visa would be the quickest route. Discuss with counsel who can handle the case from start to finish so that its done without mistakes and without delay. Many of us have reasonable fees as we understand how burdensome the government filing fees are. Counsel anywhere in the USA can represent you. ... Read Answer

If your husband's immigration violations did not involve multiple entries and violations in each period of time while staying here, and you are a US citizen or permanent resident, you can apply for him with an I-130 petition for alien relative and once that is approved, he can go through consular processing under which he will be denied at interview, but given an opportunity to submit forms I-212 application for advance permission to return to the US after removal and I-601 for waiver of other bars on admissibility. If the process is successful, the period of time will depend upon whether you are a permanent resident or US citizen and the speed of U.S.C.I.S. in adjudicating the applications. A rough guess is 2 1/2 years if you are a US citizen and 3+ years if a permanent resident.  I cannot give you an estimate on costs as attorneys charge differently, but I do note that the work to be done is difficult.  If you do not have much means, I suggest that you seek the assistance of Legal Services or other non-profit groups.  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

If you are a US citizen and get married to a Guyana National in his country, he can process his green card application at the consulate there and once it’s available, he can enter the USA. There are other options available. Discuss with counsel to explore the best course of action. Counsel anywhere in the USA can help you.... Read Answer

Your husband would file an I-864 affidavit of support for you, and you would also require a financial joint sponsor who will have to guarantee that you and your son will be supported. Having a co-sponsor of relatively high income would certainly help in your situation. As you may know, the Trump administration is attempting to finalize a public charge regulation which would significantly make the financial sponsorship process more difficult. No one can say exactly when or if it will be implemented, but the best thing to do is probably to begin the process as soon as you can.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

A J-1 visa is discretionary with the U. S. consulate or embassy. Any arrest must be disclosed in the DS- 160 non-immigrant visa application. Although the case was dismissed on an ACD, the consular officer may take the arrest in consideration in issuing the visa. 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

Whether your husband can return to the US after 20 years depends upon the ground of deportation. I would suggest that you consult with an immigration lawyer bringing him or her the entire file so that he or she can make an effective examination and opinion. 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

The prohibition upon applicants participating in the I-601A program if they had a previous immigrant visa interview has been rescinded, and your husband is now eligible to apply for the benefits of the I-601A program. You can check with the American Consulate in Ciudad Juarez to see whether the case is still viable. If not, you would have to file a new I-130 petition and wait for that to be approved before filing for the I-601A waiver.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

I believe that if the TSA was looking to prosecute you, it would likely have done so by this time. That being said, any action would likely be of a criminal nature or border on the criminal and so I imagine that you would probably look for a criminal defense attorney. 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 need to submit the requested documentation. The U.S. Embassy needs documentation that your wife actually resides in the U.S. Given the length of time she spent outside the U.S., she is lucky she was not found to have abandoned her residence. Your wife should contact an experienced immigration attorney to discuss what documentation can be submitted. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You may apply for a tourist visa. While you may no longer be barred from admission given it your deportation happened over ten years ago, you will face difficulty. You will need to satisfy a consular official you will not overstay and work without authorization this time. You will need to show strong ties to your country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

Banks are private institutions and what they do with regard to their rules of lending is generally up to them. Withholding of removal allows an individual to remain in the US as long as there is continued fear of persecution from the home country. As there is likely to be a long period of time during which individuals can stay in the US with work authorization, the choice of whether to take the risk of lending to such individuals is up to the institutions. There is no law of which I am aware precluding them from lending to such people.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

Was this person convicted of a crime? The fact that the search was without warrant has no bearing in immigration matters. The adjudicator of an immigration application will not relitigate the criminal case, but rather simply really on the disposition. This person will be subject to a permanent bar to admission if he/she was convicted of possession of cocaine. Depending upon the facts, the consular official could also deternine he/she is inadmissible based upon to reason to believe he/she is a drug trafficker. There is a limited waiver available under INA 212(d)(3) for nonimmigrant visas. There is no waiver for immigrant visas. In addition, this person may need to seek permission to reapply for admission after deportation. I encourage this person to discuss the matter further with an experienced immigration attorney. ... Read Answer

There is no direct path from withholding of removal to lawful permanent residence. You could seek permanent residence if , for example, you marry a United States citizen. You would need to reopen your removal proceedings. You may want to discuss options with an experienced immigration attorney. ... Read Answer