Utah Immigration Legal Questions

You will have to wait another 6 years (a few months longer if the son gets married); and there is nothing that could be done to shorten the process. Every year, a limited number of immigrant visas is made available to relatives of U.S. citizens and permanent residents; these visas are allocated to different categories and areas of the world. In the category "Adult children of U.S. citizens", citizens of Mexico receive immigrant visas now if the petitions for them were filed in July 1993.... Read More

If your husband has returned to the United States after a prior deportation, he is likely subject to s.241(a)(5) INA (Reinstatement) That is, if he is picked up, ICE will deport him back to his country, this time under a possible lifetime ban; Also, he may be prosecuted and serve jail time for illegal reentry 8 USC s.1326. Further, under s.241(a)(5) INA, anyone who returns to the US illegally after a previous deportation is not eligible for virtually any immigration benefit. I strongly advise that you and your husband should speak to an immigration lawyer who is familiar with the law in this area. Filing anything for him with CIS, especially without proper legal advice will be inviting trouble... Read More

You should speak candidly to an immigration attorney, (more specifically a crimmigration attorney) before you file for citizenship. Since some of the facts you provided also hint at some potentially criminal violations, the crimmigration attorney should be able to advise you on what if any, collateral consequences may flow from those potential criminal violations... Read More

Yes, you can marry in any state in the United States. Marriages entered to in any state in United States including the Dist. of Columbia is recognized by DHS for immigration purposes. But note marriage requirements often vary from state to state (for instance, the minimum marriage age). You should therefore inquire from County Clerk's office, City Hall in the state where you intend to marry regarding specific requirements.... Read More

Two issues in your case are namely that your spouse entered US without inspection and so, this may hinder his ability to adjust status, especially if your visa was filed after the s.245(i)INA sunset date. Of greater concern is the fact that because your husband reentered United States twice illegally after his deportation in 1995, he may be subject to s.241(a)(5) INA Reinstatement. because, he was deported in 1995 and he returned twice [1995 and 2001] both reentries occurring before and after the Apr. 1, 1997 effective date of s.241(a)(5) INA. You should not file anything with CIS until after you have consulted with an experience immigration attorney.... Read More

Yes, your criminal history should not affect your ability to legalize your husband. Only your husband's criminal history matters. I suggest that you contact an experienced immigration/criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.... Read More