Virginia Immigration Legal Questions

Hello, A detainee will need to go before an Immigration Judge for a bond hearing and the judge will consider different things before he grants the request for bond. Some of the things that the judge will consider will be whether the detainee has a criminal conviction, the type of conviction, if the person is qualified or eligible to apply for a waiver, if he or she will pose a danger to the community, or is a flight risk, etc. It is a good idea to discuss the specific details of your husband's case with a qualified Immigration lawyer, so that they can give you advice on his particular chances of getting bond.   Notes: 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.  ... Read More

Thank you for your message.  If you are eligible to adjust your status in the U.S. and a visa is currently available to you, then your attorney could ask the government to terminate your case so that USCIS can adjudicate your adjustment application.  If your husband is a U.S. citizen and you last entered the U.S. legally, then you most likely are eligible to adjust your status without leaving the U.S.  Every court handles these cases differently, but in general you would need to file your adjustment application with the court and then request termination.   If you last entered the U.S. illegally or your spouse is a legal resident, then you will need to travel to your home country to get your green card.  In that case, the court will grant you voluntary departure so that you can leave the U.S. without a deportation on your record. Without knowing all of the facts of your case, it is possible that you have other grounds of inadmissibility which would prevent you from getting a green card.  I urge you to discuss this matter with your attorney.  If you are not satisfied with your attorney's response, then you can seek a second opinion from another attorney. Good luck, Mark... Read More

As you probably know, withholding of removal only protects an alien from return to a home country that threatens his or her life or freedom. That relief is temporary. The alien can always be removed to a prior country of residence where he or she is less likely to be tortured. Aliens granted withholding do not have the same avenue to permanent resident status awarded to asylees, nor can their family members derive benefits from their grant of relief.  If they are eligible for anything else, for example if he is under 245i, he may be able to adjust status through you.   See our article on 245i below. http://www.martindale.com//taxation-law/article_The-Law-Office-of-Rehan-Alimohammad-PC_1232800.htm... Read More

As your legal spouse and child, your husband and son are eligible for F-2 visas.  You need to talk to your school about issuing forms I-20 for them.  Presuming they are outside the U.S., they simply need to apply at the U.S. consulate in your home country.  Your husband needs to produce a copy of your marriage certificate and your son needs to produce a copy of his birth certificate.  They then need to establish your F-1 status.  ... Read More

If an H-1B petition was filed for you along with a change of status request, it is possible that CIS could approve the H-1B petition but deny the change of status request.  This could be a serious issue for you as CIS may have determined that you are not currently maintaining proper non-immigrant status or that there is a status issue in your past. You would not receive any paperwork from CIS.  The employer/petitomer would receive a notice and the attorney of record should receive a notice as well. If your H-1B was approved on 10/7/11, the H-1B approval notices would have normally arrived at the petitioner and/or attorney.  You should check with the petitioner/attorney. If the change of status request was denied, you likely need to depart the U.S. and obtain an H-1B visa at a U.S. Consulate in your home country before commencing H-1B employment.  You should consider consulting an immigration attorney though because the reason your change of status request was denied could also be a problem for travel and/or the H-1B visa process. Each indivdual case is different and dependent on that person's facts.  You should consider consulting with an immigration attorney to review the reasons why your change of status was denied. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

First you need to determine the reason why your COS was denied.  Was it an error on CIS' part and an error in reveiwing your facts, or do you have a maintenance of status issue?  An approved H-1B but denied COS could mean that you have a serious maintenance of status issue. There is no premium processing for a MTR.  If you believe the CIS denial is an error and it is raised with the premium procesisng unit, the issue could be resolved in weeks.  An official MTR could take several months. The MTR does not provide any separate permission or status to remain in the U.S.  If you are no longer maintaining your F-1 status, you may need a different resolution than pursuing an MTR. Again, a denial of COS could mean you have a serious maintenance of status issue.  You may want to consider having an experienced immigration attorney review your matter to analyze any status issues.  Every case is different, and your specific facts would need to be analyzed to determine whether the denial of COS was proper. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read More

Was your wife charged with knowingly encouraging, inducing, assisting, abetting or aiding another foreign national to enter the U.S. in violation of U.S. immigration law?  Did she have an issue with trying to help a foreign national enter the U.S. illegally? If yes, this is generally known as alien smuggling and it is a very serious issue.  This could be a lifetime bar for your wife for the U.S. unless she qualifies for a waiver. This is a serious issue and your wife's specific facts regarding her visa denial and the basis for that denial need to be analyzed by an experienced immigration attorney.  I would recommend scheduling a consultation with an experienced immigration attorney. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

Dear Sir/Madam Thank you for posting your question. If this person is in ICE custody now, you should hire an experienced immigration lawyer to get him out on bond.  Once he is out on bond, and only if he has a bona fide relationship with a US Citizen that he had intended to marry, he could then marry her and have her apply for his petition for alien relative.  Once that is approved, there is a new procedure that will allow him to adjust his status.  I wrote an article about it that you should read.  I hope this has been helpful to you. Call me if you have any questions. Gus M. Shihab, Esq The Law Firm of Shihab & Associates, Co., LPA gus@shihablawyers.com 877-479-4USA (4872) Free Consultation.    ... Read More

Unfortunately, as a 21 years old, you no longer meet the definition of "child" under the immigration laws. Your mother can sponsor you after she becomes permanent resident.  There is a backlog, however, for adult children of residents and, depending on your country of birth, the wait could be 8 years up to 19 years.  I should also caution you that there is no category for married children of permanent residents, so your mother could not sponsor you if you get married.  If your mother naturalizes, then she could sponsor you regardless of your marital status.  I hope this information is helpful to you. Mark J. Curley www.curleylawoffice.com... Read More

In general, it is difficult to pursue permanent residency from within the U.S. after entering the U.S. as a visitor. In general, it is only even conceivable if the individual is being sponsored for a green card by an immediate relative (i.e. spouse of a U.S. citizen, parent of adult U.S. citizen, child under 21 years of age of U.S. citizen). It is generally not possible to pursue a green card through other family relationships because the process is too long and the visitor would end up overstaying. Applying for a sibling falls under the 4th preference category and that process can minimally take 10 years depending on nationality.  See: http://www.travel.state.gov/visa/bulletin/bulletin_5542.html Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com       ... Read More

Thank you for your questions.  I am sure the current situation is quite stressful for the both of you. If your wife and stepdaughter last entered the U.S. with inspection, but they are now overstays, the good news is that they may still be able to file for and obtain green cards from within the U.S. based on marriage to a U.S. citizen and abse don being the stepdaughter of a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen or the child of a U.S. citizen.  The filings have big issues to address, but it may be possible to ursue everything from within the U.S. with yiu as the U.S. citizen sponsor.  Addressing the last lawful entry issue, they may still be able to pursue permanent resident status from within the U.S.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  Separate paperwork needs to be filed for both your wife and stepdaughter.   The each need to be sponsored through their own paperwork.  You can find general info on the green card process based at: http://www.familytousa.com/green-card-through-marriage-ad/ The government filing fees and disbursements for two I-130/485 green card filings from within the U.S. (one for child under are  $420 + $1,070 + $420 + $985.  if you utilize an attorney to represnt everyone, those fees would be separate. Their cases are not w/o issues are it sounds like they are both overstays.  Every case is different and the very specific facts and issues of their case should be reviewed by an experienced immigration attorney.  Regards Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read More

Hello, Thank you for submitting your question on Ask a Lawyer.  First, if your mother-in-law was issued a Form I-94 (white card attached to passport by U.S. Customs & Border Protection [CBP]) upon her last entry, did she leave prior to the expiration date on the I-94? If not, this could be an issue in itself. Generally, there is no minimum amount of time a foreign national has to stay outside the U.S. before attempting to reenter the U.S.  However, the more time a foreign national continues to spend in the U.S., the more CBP is likely to question if they are truly visitors. For example, if a foreign national enters the U.S. for six months, then departs for three weeks and attempts to reenter the U.S. for another six months, CBP is likely to question whether the foreign national is actually visiting or residing in the U.S.  In general, the foreign national should attempt to spend 51% or more of their time outside the U.S. during any given calendar year. Is your mother-in-law planning on coming back for any specific reason - i.e. Assist you and your wife with your children?  Visit other children? Religious holidays? Health issues? Depending on the reasons for her upcoming visit, if she can demonstrate to CBP that she is a bona fide visitor with strong ties to India (proof that she has a home in India, does her banking in India, etc.), she will hopefully be allowed back in.  She may ask for an I-94 valid for 4-5 months, but CBP does not have to authorize that time period. If your wife is a U.S. citizen and you both would like to have your mother-in-law spend more time in the U.S., your wife may want to consider pursuing a green card for her mother as an Immediate Relative (file Form I-130 with USCIS and then pursue Immigrant Visa Processing).   I hope the above information was helpful. Thank you. ... Read More