Tennessee Immigration Legal Questions

You will absolutely need to consult with an experienced immigration lawyer. You will also have to obtain clerk certified or attested copies of your Canadian court pardons.You will also need a Canadian criminal lawyer's opinion on the legal effect of such pardons. Only then can your immigration lawyer advise you whether or not to proceed with the project and the likelihood of success.... Read More

Section 245(i) requires that the alien be a beneficiary of an Labor Certification, I-140 or I-130 petition filed on or before April 30, 2001. If your husband fits into one of those categories he may qualify. He could also qualify if his parents, or you were a beneficiary of one of them as well.... Read More

There is a program called Parole in Place (PIP) that may benefit spouses of U.S. Military personnel. The program benefits the spouse to adjust their status in the U.S. so that they do not have to leave the U.S. It is not a very well known program and is not available at all USCIS offices.... Read More

The husband can file for his wife. If she entered legally (with visa and passport), the paperwork could be done without having to get out of the US. If she entered without paper, she may have to do the paper in two steps, one step being done outside the US. Be aware that anyone in the US without permission to be here is cumulating illegal presence. Any Unlawful presence start after age 18. Make sure your daughter consults an attorney (not a notario or a consultant) about this issue. Good luck.... Read More

Get him a tourist Visa First. If things go well for you and you wish to marry then do so. You can file an I-130 for a spouse visa. There is a lot of Fraud in this area so expect to be investigated by INS. After 2 years of marriage and no divorce filed he can apply for citizenship married to you or not.... Read More

If your husband was deported (instead of other ways in which a person is denied entry) and then caught on re-entry within the time period in which he should have been out of the US, then he is subject to ten years in federal prison and is very lucky that they did not pursue this. My understanding is that, if this indeed is what occurred, then he is permanently ineligible for a green card in the US. I recommend that you seek a consultation with a competent immigration attorney to verify this.... Read More

Your girlfriend is allowed to apply for a tourist visa at the US consulate in her jurisdiction. If you go to my website, you can click on consulates to locate the correct one. All procedures and evidentiary requirements will be listed there. Your girlfriend will need to demonstrate strong ties to her home country and proof that she intends to leave the US on time as directed by the US government, in particular when visiting a US citizen fiancee. Many consulates are not comfortable giving a B-2 visa in that circumstance. It is however legal for her to visit you in the US, as your fiancee, as long as she leaves on time and ultimately applies for a green card via consular processing later. It is not advisable for your fiancee to lie about her reason for coming to the US- this is not legal and the consequences can impact her ability to enter or remain in the US at later dates!... Read More

If your wife's initial case was denied due to marriage fraud, then she is barred from obtaining a green card through anyone else. My understanding is that she is not even allowed to file the I-61 waiver, which does cover other kinds of fraud/misrepresentation, but does not cover marriage based fraud. You should get a copy of that old decision, so you can see what basis was used to deny the case and then have a competent immigration attorney analyze this in depth for you.... Read More