Washington Immigration Legal Questions

There seems to be some information missing from your question, such as who told you you will need to leave. It may be that DACA is an option for you prior to adjustment based upon the petition filed by your mother, or something such as cancellation of removal may be considered for you. Without greater detail it is difficult to give a firm answer beyond that you likely do have some options to explore.... Read More

If you entered on the K-1 visa and got married why would you not also now file for I-485 to give yourself permanent resident status? You should have employment authorization for the 90 days as part of your K-1 entry but beyond that, you have to file I-485 and with that I-765 to have continued employment authorization. You cannot file I-765 on its own as it needs to have a basis for the filing and that basis for you would be I-485 and nothing else.... Read More

No. If she entered the U.S. unlawfully, even if you marry her, she is not eligible to legalize her status within the U.S. under the current immigration laws. There is no automatic anything for her. The child will have U.S. citizenship if born in the U.S. but unless the mother entered the U.S. lawfully, she is not eligible for any immigration benefits even if she marries you.... Read More

If you don't want to get remarried to a US citizen, which would make you eligible for adjustment of status, your other option is to wait for the priority date to become current and return to your home country for the visa interview at the US consulate. However, since you overstayed you will be required to apply for a waiver on form I-601 and establish extreme hardship to your mother if the waiver application was not approved in order to return to the US. You will need to remain outside of the US until the waiver has been approved. If any of your children turn 18 before the visa interview, they may also need to apply for a waiver.... Read More

If your intention is to file paperwork for the deported illegal alien, you will have to go the country where the alien now resides and marry. After marriage, you can return to the U.S. and file a "stand alone" Form I-130 petition for alien relative. After it is approved, you will then take the next step by filing the application for immigrant visa and affidavit of support and all the supporting documents to the National Visa Center "NVC". You are strongly advised however, not to file anything without first speaking to an experienced immigration attorney. Apart from filing the I-130 petition, an alien who has been deported from the U.S. must also apply for a waiver of deportation in order to be eligible to return. You must first understand the reasons for his deportation because, not all grounds of deportation are eligible to return to the U.S. Finally, you must advise the alien not to attempt to return illegally into the U.S. without DHS authorization. Whatever chances the alien may have to getting a green card in future is severely diminished by further acts of immigration violations.... Read More

Fill out I-864. On page 1, mark answer 1a "I am the petitioner". Then fill out the form honestly answering all the questions. It is OK to write that your income is 0. Your uncle has to fill out a second I-864. On page 1, he has to mark 1d "I am the only joint sponsor". All instructions are at http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf; just follow them carefully, line-by-line.... Read More

Without reviewing the TPS application it is difficult to fully assess, but if there is no reason for concern regarding qualifying for TPS status, and it is going to be a substantial financial hardship to continue with your studies, you can likely make the decision not to continue enrollment without impacting your long term immigration options.... Read More

Unfortunately, this is not the question for the lawyers; this is the question for the politicians. While the American Immigration Lawyers Association actively does lobbying in support of a comprehensive immigration reform, this organization or its members do not control what the government does or does not do, unfortunately.... Read More

I do not believe that American consulates and embassies would be confused by a person just married who now wants to use the married name instead of the case with which she started the case. You should of course notate all names used in any communication with the consulate or embassy. Whether the consular officer ultimately will allow use of your married name on the final papers will probably be within his or her discretion. 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 More

Immigration law does not recognize most instances where a criminal record was expunged under a state law. However, some convictions don't disqualify a person from immigration to the U.S.. You have to speak with an immigration attorney to see whether the your father's criminal record will prevent him form becoming a permanent resident of the U.S.... Read More

If your husband entered the country legally (with inspection), even though he eventually fell out of status, you can petition for him on form I-130 and he can apply for adjustment of status on form I-485 concurrently. The instructions for the forms will tell you exactly what additional forms and documents are required. It's presently taking about 4-6 months for the paperwork to be processed before he will be scheduled for an interview at the nearest local USCIS office.... Read More