Washington Immigration Legal Questions

Chances are, he came into the US illegally? If so, he will need to have an approved unlawful presence waiver. If granted, he will be able to consular process back into the US after you file his documents and the documents are approved. You should file while he is here though and you should get the unlawful presence waiver approved while he is here. Only after that can he travel back to Mexico.... Read More

Thank you for your message.  CSPA is complicated to apply.  Generally, the consulate will look at the child's age on first date that a visa was available and subject the amount of time that the I-130 petition was pending with USCIS.  This does not mean the amount of time that the family was waiting for a visa, but the year or so between the date that the I-130 was filed with USCIS and the date that the I-130 was approved.  If the child's age is under 21 years after subjecting the processing time, then the child is covered under CSPA.  If the resulting age is over 21, the child is bumped to another category. If CSPA applies, the child has one year to take some action towards completing the process.  If the child does not take action within one year, then CSPA will not apply. If CSPA does not apply, after the parent has received his or her permanent visa, a new I-130 will need to be filed for the chlid who can retain the original filing date (priority date) but will move to a new category. I suggest contacting an experienced immigration attorney in your area if you have more questions.  Good luck!... Read More

First of all, you can petition for your parents even while you are still overseas. Secondly, you can petition both parents at the same time or at different times since they each needs a petition filed on their behalf. They should be able to visit in the US while the process is pending since as Canadian citizens they are visa exempt.... Read More

Yes, she will be able to remain in the US throughout the entire process if you submit I-130 and I-485 concurrently and will not have to return to Germany. The process will take about 4-6 months. Even if her visa expires once you start the process, her status will be protected by the filing of these petitions.... Read More

First of all, you need to make sure your marriage was a lawful marriage and you have proof of that through a marriage certificate. Then you need to petition for your husband with USCIS and once the petition is approved and he is interviewed at the US Embassy in Cairo, he will need to provide evidence of the bona fide nature of the marriage so you will have some time to gather all that.... Read More

If your husband is a US permanent resident, and he left you behind when he traveled to the US, there is nothing you can do about it. You cannot force him to bring you with him or file for any visa or a green card for you. He can file for divorce if he so decides and you cannot stop him. Unfortunately, that's life and if he changed his mind about being with you, he does have that right - just like you have the right to divorce him, for example. No government can force your husband to bring you to the US. Sorry.... Read More

If a person has a baby in the USA, while on a tourist visa, the fact that they can't pay the doctor or hospital bill is not a reason under the law for revocation of a visa. On the other hand, a border officer or consular officer has wast discretion if you happen to come in contact with them.... Read More

It depends on the particulars of her case as to what her next step is. But generally, beneficiaries of approved i-130s who are immediate relatives of US citizens are eligible to apply for a provisional waiver of unlawful presence on form i-601a if they are not eligible for adjustment of status.... Read More

Hello. I would need more information about the visa he came with and overstayed. However, if it is all expired, he does not have many options outside of a bona fide marriage to a US citizen. If his status expired more than a year ago and he leaves the US, he will be barred from coming back here for 10 years.  I would like to know the visa he had, when it expired and if he or anyone in his family ever filed for his immigration. Thanks!... Read More

It all depends on how much time you spent outside the US between 2009 and 2011. If more than 6 months at a time, you will need to show proof that you did not abandon your permanent resident status. If you fail to provide this proof, your status may be treated as "abandoned" and instead of a citizenship, you could be put in removal proceedings. But this is an extreme case scenario. Consult with an immigration attorney if in doubt.... Read More

My guess is (and this is only an educated guess), you may be required to re-pay into the system all financial assistance you received from Medicaid. This is why they asked for your medical bills; they want to make sure you pay back the US government because, technically, as a foreign national at the time, you were not eligible for this government assistance.... Read More