South Carolina Immigration Legal Questions

We see this question a lot in our office.  If the J-1 waiver is approved then unless there is a crime or some other legal violation or ground of inadmissibility, it appears she'd be eligible to adjust status to permanent resident in the US, but she'd need to be evaluated by an immigration lawyer just to make sure.    Because J-1 waivers are technically quite complicated, I hope you're working with an experienced immigration attorney.  That's my advice. Let us know if we can help.  Good luck... Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.... Read Answer

Hello. Unfortunately, the new marriage will not fix her status. She will need to leave the US to process based on a marriage to anyone that was not the K1 Petitioner. In addition, she will be subject to a 3 or 10 year bar for overstaying (unless it has been less than 6 months since her status expired). Therefore, she will need a Waiver of her Bar in order to return to the US. The only exception is if the K1 Petitioner had abused her. ... Read Answer

You remain eligible to apply for another J-1 visa and that would be either approved or denied in the discretion of the American consular officer. At the interview, you may be questioned concerning what occurred with the previous J-1 visa and whether you overstayed. But neither obtaining a favorable recommendation to waive the two-year home residence requirement nor overstaying a J visa is an automatic bar against being issued another J-1 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

The requirement to naturalize is that you be a permanent residnet for 5 years and be physically present in the U.S. for one day more than 50% of that time. If your spouse is a U.S. citizen then the required period of permanent resindece is lowered to 3 years (with the same presence requirement of over 50%).  If you got your green card in January 2013 and you leave in 1/2014 and stay out as stated in your question, you will make yourself ineligible for naturalization.  You can protect your green card (so that you don't lose it despite your lengthy departure) by requesting a reentry permit, but to naturalize you will need to return to the U.S., reestablish residence (not to be confused with permannt resident status) and once you meet the requiremenst of three years resindece and over 50% physical presence in U.S. during that time, then you will be eligible for naturalization.  If you need further assistance, you can call us at (619) 291-1112. Jan Joseph Bejar, Esq.... Read Answer

Reinstatement is restricted to students who have been out of status for no more than five months. Probably the best way for you to find out what your status is would be to make an infopass appointment at the local field office of USCIS. Failing that, you could always attempt to obtain information on your immigration history through requesting a copy of your file under the Freedom of Information Act. Quite possibly your reinstatement failed and the SEVIS system shows that you are not in legal status. But that is not a certainty. A problem with leaving the US if the reinstatement request failed is that you would have received a formal adjudication from USCIS. If the answer was negative, the time for unlawful presence which would bar you from returning to the US begins to run from the date of denial. So it is highly advisable for you to obtain a clear picture of your immigration history through infopass or Freedom of Information Act before taking further actions, especially to leave the country. 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

Your husband is free to complain to the immigration authorities that you only used him to obtain permanent residence, but any case will be resolved by the evidence. If you have evidence that you and your husband have been living together for a long period of time, it would be difficult for Immigration to take his complaint seriously. If you have not already done so, you would be advised to gather up and keep the evidence of your living together in a safe place. 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 the 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 it is a serious relationship and you have decided to marry (please note U.S. immigration does not recognize same sex marriages), you could look at the K-1 fiance visa option. If a U.S. citizen wishes to marry a foreign national residing abroad, the U.S. citizen may be able to pursue a fiancé(e) visa (K-1) for the foreign national. The foreign national fiancé(e), if approved, will then enter the United States and the couple must be married within the following 90 day period after entry. After the couple marries, the foreign national spouse can then file an application for Adjustment of Status. For info on the K-1 visa see: http://www.familytousa.com/fiance-petition-k-1-visa/ Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

The best approach in this situation is to apply for a fiance visa (K1) and your partner can travel to the US specifically to get married to you (the marriage has to occur within 90 days of his entry on the K1 visa).  He would then apply to adjust his status to that of a permanent resident.  I would not recommend marrying outside the US and then trying to bring him here on an immigrant visa.... Read Answer

Hello. It may be possible, because you can show the extreme nature of your long trips. You will need Residency for 5 years. Thus, you qualify now. However, you would need to document the trips longer than 6 months. You may need your mother's medical records, in addition to all other requirements. Feel free to call or email if you have any further questions: 858-874-0711, harun@ksvisalaw.com  ... Read Answer

In order for any immigration practitioner to capably assist you in your husband's immigration case, you will need to provide more information: Are you a US Citizen? Where is your husband from? How did he enter the United States? Have you filed the I-130 Petition for Alien Relative with US Citizenship and Immigration Services for him? How many times has he entered the United States? Has he been removed (deported) from the United States? ... Read Answer

Hello, If you enter the U.S. lawfully (that is after going through the customs inspection) and later decide that you wish to file for U.S. legal permanent residency because of a desire to live here permanently, you may do so since your wife is a U.S. citizen. You also have the option to file for your green card in Canada through Consular Processing.  Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike _________________________ Law Offices of Doreen A. Emenike... Read Answer

Hello, It is not clear if your fiance has been convicted in criminal court yet since you say he is facing a felony arson charge.  On the other hand, if your fiance has a felony arson conviction already and is now in removal proceedings because of this charge, then you should contact an immigration lawyer immediately as he is at serious risk of removal/deportation, particularly if his criminal conviction is considered to be an aggravated felony.  It would be helpful if you had the criminal court transcripts for your fiance when you speak to an immigration attorney. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike_________________________Law Offices of Doreen A. EmenikePhone: (323) 939-4747... Read Answer