Tennessee Immigration Legal Questions

I assume the reason you are not living together is not based on abuse, or because one of your had to temporarily move due to work or professional reasons? If those are not the reasons, then if you filed for Naturalization based on marriage to a US Citizen for three years, you must be married AND living in marital union to qualify. Since you are not living with your husband you are not qualified for naturalization at this time.... Read Answer

If you are no longer with your husband, you are not eligible to natz at this time. If you pretend to be with him still, that is fraud/misrepresentation. If you are not together, you should withdraw your application right now and refile after you meet the longer term of 4 years and 9 months. Being married legally but not really together does not qualify you for this benefit! Further, DHS will review your entire file and will normally request documentation proving you are still together. Regardless you are not qualified at this time and I strongly urge you to withdraw your application!... Read Answer

If your marriage was legitimate but broke down for reasons unrelated to immigration the green card belongs to him and you are not required to report his whereabouts. Since you were his sponsor you are required to file an I-865 if you move. If you believe the marriage was fraudulent and he only married you for the green card, then you can write a letter to immigration but you are not required to do this.... Read Answer

Yes. In the U.S. the Court will look out for the best interest of the child and will make sure both parents support the child and both parents have fair custody and visitation with the child. I would recommend you contact a family law attorney to protect you and your interests and work out a fair arrangement for custody, visitation and support. Additionally if you had originally sponsored your ex-wife you signed an Affidavit of Support which is enforceable in family law court.... Read Answer

Once you are a citizen you may petition for your Mom to become a permanent resident. If she or you are not interested in her PR but truly want just a visit visa then you may want to re-apply and present a stronger case of her intent to return abroad. If we can be of assistance in either process, contact me as indicated below and we will advise on procedures, timing and fees for either or both.... Read Answer

If she is here legally they can file immediately for permanent residency. After filing she will be fingerprinted and issued a work card and travel permit. Approximately 3-4 months in most areas now they will be scheduled for an interview. If all goes well at the interview her permanent residency will be approved. It should be a good faith marriage and not one just to assist her in getting permanent residency. If married less than 2 years when the PR card is approved it will be a conditional permanent residency (2 year PR card). After 1 year and 9 months they will need to jointly petition to remove conditions and demonstrate again that their marriage is in good faith. There are limited exceptions to the joint filing requirement at the end of the two year period and they require a strong showing that the marriage was done for the right reasons and not just to help get a green card.... Read Answer

You would have to look at the law of the state where you filed. If no divorce decree is entered then you can just withdraw the petition with the Court. If decree is entered then you will need to re-marry. We would be happy to assist you in filing for your permanent residency through the marriage in any case. Contact me to find out how to get started.... Read Answer

Actually you cannot get into Mexico without a valid passport. So you won't be able to leave. But if you do find a way to leave you will not be allowed back into the US without a valid passport. I strongly suggest that you get a new passport. There are internet services to get a passport in 48 hours.... Read Answer

If you have any special conditions such as drug screens or meeting with the probation officer then you cannot successfully complete probation outside of the USA. Therefore your probation will be violated. But the US government may drop probation since you cannot complete this program. Mail any payments to the probation office.... Read Answer

You need to fight Deportation. The US Supreme Court just issued an opinion about deportation. If you have two aggravated felonies than they will deport you. You may request probation for the felony but you should have a place to live and a job. But the deportation and the felony are two separate legal problems.... Read Answer