Utah Immigration Legal Questions

Your friend will likely be allowed to leave. Aliens are usually not prevented from leaving the country. She may be briefly questioned and subject to a expedited removal order, but it will not be a long process so long as your friend does not challenge the proceedings. Your friend needs to understand that she will likely not be allowed to re-enter the United States again. She will be barred from admission for ten years unless a waiver is approved. Even after ten years, she will face difficulty returning, ... Read Answer

If you are still in F-1 status at the time that the asylum application is denied, the denial should not affect your nonimmigrant status and ability to obtain OPT. U.S.C.I.S. questions on immigrant intent are focused on persons who have filed for immigrant visa petitions or immigrant visas or adjustments of status to 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

More information is needed about why your husband was deported. Please keep in mind that the fact that his visa was valid does not necessarily mean he was authorized to stay in the United States. The visa allows him to enter the country but does not control his period of authorized stay. He is authorized to stay only until the date in his I-94. Even then he can be deported if he violated the terms of his admission. Assuming your spouse could return, you would start the process by filing a Form I-130. ... Read Answer

As a person coming to the US with a C1/D visa, you are not qualified to apply for cancellation of removal as crewmen are specifically barred from this relief by statute.  If you were in another category than crewman, you could apply at the end of the 10 years as long as you have a parent, spouse, or child who is a US citizen or permanent resident. You would have to prove 10 years unbroken residence, good moral character, and exceptional and extremely unusual hardship to your qualifying relative if the cancellation of removal application is not granted. 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

Under US immigration laws, a crewman is not adjustable to permanent residence. A C1/D visa is not considered EWI, but it is in a special class by itself. 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

As the I-140 has already been withdrawn by the employer and revoked by U.S.C.I.S., it would not appear that you would have a basis to extend the H-1B by refiling the revoked I-140 or using the 365 day rule. You would most likely have to start all over again, especially as the rules on labor certification/I-140 petition filing require that a petition be filed within 180 days of the labor certification approval for the labor certification to continue. In all likelihood, the labor certification cannot be used to support a new petition. In addition, there would not appear to be grounds to reopen the matter inasmuch as motions must be filed within 30 days of a decision and even a timely motion would not be able to name any error on the part of U.S.C.I.S. in revoking the petition. 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

There is not a whole of information in your question, but if we assume that you have been a permament resident (green card holder) for 5 years or more and can show good moral character for the last five years of your life, then you should be able to apply for citizenship. Please note that if you have other crimes older than the last five years, the government may still want to know your full criminal history. ... Read Answer

Hello. There still may be an opportunity to continue your process with the NVC but you need to act quickly. I need to know the reason(s) you gave them for not timely respondiing. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

Your friend has two options. He/she can apply for ETSA. A person with ETSA is not required to obtain a visa but is limited to a maximum stay of 90 days. He/she could also apply for a tourist visa. This visa can be valid for multiple years and entries. The maximum authorized stay will be 6 months at a time. Your friend cannot simply leave and come back a few days later to get another six months as that will trigger an inquiry. ... Read Answer

A change of status to what status. There is no nonimmigrant status that simply allows you to remain in the United States while an immigrant visa is pending. You could attempt to change your status but you will need to have a basis to seek a change of status and be able to show nonimmigrant intent, which will likely be an issue.... Read Answer

 She cannot. In fact, unless you first petition for her immigration, she gets approved for immigrant visa, she cannot travel with you and neither can her son. You need to petition for him separately. You need to file a separate I-130 for each. Your wife will not be able to petition for her mother until she, the wife, becomes a USC.    Family Immigration... Read Answer

As your friend entered the country legally, he could adjust his status to permanent residence through sponsorship by an immediate relative such as a U. S. citizen spouse or child as long as the child is over the age of 21. He could also take advantage of the Obama administration’s I-601A program when it is expanded to other classes next year in order to obtain a waiver of his overstay in the U. S. prior to making a decision of whether to attend an immigrant visa interview overseas if he has a permanent resident wife or one of his parent is a U. S. citizen or permanent resident. Such waiver would be based upon extreme hardship to the spouse or parent if your friend had to leave the country permanently. 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 may have a deportation or removal order. You can check to see if you were ever in deportation/removal proceedings by calling 1-800-898-7180 and entering your alien number. This is an automated system that will provide basic information regarding an alien's deportation/removal proceedings. If you do not have an alien number, you will need to file a Freedom of Information Act request. I encourage you to consult an experienced immigration attorney.... Read Answer

You should not attempt to apply for DACA as you are clearly not eligible under the present version or even under the proposed expanded version which is in the courts. Under the present version, you must have resided here since June 15, 2007. Under the expanded version, you must have resided physically in the U. S. from January 1, 2010. You should wait for another route or other relief to become available.  Insofar as your local community college requirement is concerned and as you describe the requirement, requesting an affidavit saying that you will apply for legal status as soon as you can appears to be an open promise that incurs no liability as it would incorporate the idea that you would have to be qualified in order to apply. 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

Hello, You can renew your I-20 as long as you are still a student and plan to remain in that student status without applying for a green card. You will also need to let the consulate know (where necessary) that you do not plan to apply for a green card until you are ready to live in the U.S. permanently at a future date. Good Luck. The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read Answer