Tennessee Immigration Legal Questions

I have not heard that the criminal record of the person whom you are visiting is an item which is on any visa application or ESTA form or which is even asked by consular or immigration inspectors. I would imagine that many individuals would not be privy to the criminal histories of even those that they are close to as such would be private matters that usually not stated to many acquaintances. The main questions asked of visitors are whether they themselves are excludable from the U. S., and whether they are bona fide visitors. 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

It is not advisable for your fiancée to enter the US as a visitor during the time that you are sponsoring her for a K-1 visa. If she does not already have the visitor’s visa, she would likely be refused by a US consular officer. In the event that she already has a visitor’s visa, she could have a problem with a CBP inspector at the port of entry upon discovery that her fiancé is a US citizen. Even if she is able to enter the States and ultimately returns to her homeland for K-1 visa interview, a consular officer may take a dim view of her having entered the US during the period of K-1 processing, especially if her stay was prolonged. 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 would not be disqualified by three months of physical absence from the country if you file for your citizenship at four years and nine months. There are two concepts in naturalization law, residence and physical presence. You are required to have five years of residence which means that you regard the US as your domicile during these years. In terms of physical presence, you must have at the very least half of the required period of residence (2 1/2 years) before applying for citizenship. As you know, most individuals are allowed to apply for naturalization 90 days prior to the fifth anniversary of their permanent 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

Congratulations on your engagement!  After you marry and return, you will need to file an I-130 petition for your wife.  Once the petition is approved (it can take nearly a year for that to happen), the case will be transfered to the National Visa Center for further processing.  There are additional forms to file and fees to pay at that point in the process.  Once the NVC has everything they need, they will forward the file to the consulate in Romania where your wife will be intereviewed and issued an immigrant visa.  When she then travels to the US on that visa, she'll be a permanent resident.  A green card will follow in the mail shortly after her arrival.  Having a lawyer involved can avoid any delays caused by failure to include all the supporting documentation the officials like to see with these petitions.   Moreover, having someone that knows the process can help.  I also believe that officials recognize submissions by attorneys are likely to be in order.  The filing fee for the I-130 is $420 and the fees required by the NVC come to about $300, plus the consulate itself may require a small fee.  If you hire me to represent you, I charge $1,500.00 which includes everything except courier costs (FedEx).... Read Answer

Your visa (the page in your passport with your photograph on it) can expire without the need for you to renew it if you plan to stay in the US as a student.  The I-94 card, which for students generally is notated with "D/S" meaning "Duration of Status" allows you to stay in the US indefinitely as long as you continue your studies and have a current I-20 from your school proving you are enrolled.  Your visa does not control how long you can stay in the US, that's what the I-94 card is for.  You do not need to renew your visa unless you want to leave the US for personal reasons and then re-enter to continue your studies.   The visa just get's you into the US.  Once you are here, the I-94 card is what allows you to stay.... Read Answer

Your marriage to a US citizen would allow you to adjust status even if your status expires.  Your mother's legal status cannot be affected by your actions.  If she applies for a non-immigrant visa after you have applied to adjust status, she may be denied because it will appear as if wants to immigrate.  But some non-immigrant visas allow immigrant intent, like H1B.  Contact me privately to discuss my fees to help you.... Read Answer

That is a good question for a family law attorney.  The attorney's responding to questions on this form are immigration law attorneys.  There are immigration consequences and benefits from adoption, but your question appears to be how to actually proceed with an adoption under your circumstances.  I recommend you post your question in a forum for family law issues.... Read Answer

Anyone who has been out of status in the US for 1 year or more is barred from entering the country legally for 10 years.  A waiver is available if the person can show extreme hardship to a US citizen spouse or child.  Right now, the person seeking such a waiver must apply for the waiver at a US consulate outside the US.  Regulation is pending that would allow someone to stay in the US while making such a waiver request.  However, without a US citizen spouse or child, there is little chance of regularizing status.... Read Answer

A person entering the U.S. without passport or visa will not be given papers to stay in the U.S. for 90 days as a visitor. He/she is more likely to be given a release paper or parole I-94 to attend a future removal hearing. If such was the case and if he did not attend the hearing, the judge may have conducted the hearing in his absence and declared him removed in absentia. If DHS on the other hand did not properly serve your husband with papers to appear in court, the judge may have administratively closed the case without giving a final order. If your husband still has the paper, there is an "A" number that he can check on the court information line (800) 898-7180 to see whether an order was entered against him. Dependent upon whether he was paroled into the U.S., he may be eligible for adjustment of status to permanent residence even with a final order of removal against him if he is married to a U.S. citizen or the father of one over age of 21. 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

Every lawyer has his or her own policies regarding charges for services.  I do not charge for an initial consultation, but if you want my assistance filing the forms needed to take advantage of the Deferred Action for Childhood Arrivals (DACA) program for Dreamers, I do charge a fee for that service.  There are attorneys who will do work like this pro bono.  Check with the Tennessee Bar Association for pro bono attorneys in your area.... Read Answer

Hello,   Your fiance's ability to reenter the U.S. would include several factors such as 1) why and how he was falsely deported 2) how long he was here without any lawful immigration status and 3) whether you would be able and willing to file for his application for re-entry after deportation. It is not clear how long he has been out of the U.S. or if he has a criminal record. This missing information may affect how you proceed. You may want to contact an immigration attorney in your local area for a consultation to determine your next step.  Good Luck. 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, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen www.emenikelaw.com... Read Answer

Hello,   You do not state what kind of visa your daughter had at the time of her entry to the U.S. This information is important as it would determine if she would be able to apply for her green card here without having to leave the U.S. Since your daughter in law now has a husband and child, it would be a good idea to take a copy of the visa and consult with an immigration attorney in your local area before she files so that you would be aware of any possible risks. If your daughter files for her green card and obtains a work permit, she can apply for a new ID at that time. Good luck. 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, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read Answer

Someone automatically gets citizenship based on the Child Citizenship Act if they met the following requirements all at the same time on or after 2/27/01: 1) They are under 18 2) They are a US Legal Permanent Resident (green card holder) 3) At least one parent is a US citizen either by birth or naturalization (does not include step-parents) 4) They are living in the physical and legal custody of their US citizen parent. If all these requirements were met, then the person automatically becomes a US citizen.... Read Answer

Submitting an I-407 to the consulate abandons your U.S. Permanent Residence (green card). You no longer retain any of the benefits of being a U.S. Permanent Resident. If you later change your mind there is now way to reverse the process. If you wish to be a U.S. Permanent Resident again you will need to start all over again. You will need to have a basis for obtaining the Permanent Residence (such as a sponsoring family member or employer). Depending on the basis for your eligibility to apply, the process to reapply for Residence again could take several months or it could take many years. You should consult with an immigration law attorney before submitting an I-407 and abandoning your residence.... Read Answer