Wisconsin Immigration Legal Questions

It depends. More information is needed. Some applicants who were previously deported are indefinitely or permanently banned from lawful immigration. The labor certification process can take many years. You can find out many years later that he is not able to return, even when a petition was approved and pending. I strongly suggest an appointment with a candid, competent and experienced immigration attorney before you file anything.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated, such as why. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your brother's situation. He/she would then be in a better position to analyze his case and advise you of his options.... Read Answer

You need not worry: there is no law that forbids helping your friend obtain legal immigrant status by co-sponsoring him. You are not responsible for his overstay and illegal presence in the U.S., and filing an affidavit of support will not change that. Read carefully the Form I-864, Affidavit of Support (you can find it on-line at USCIS.gov under "Forms" tab) In the form itself, all the responsibilities that you take upon yourself when you sign the affidavit of support are clearly explained.... Read Answer

As long as the marriage is bona fide, it does not matter if you live in separate places for a while after marriage. You just need to be able to document the bona fide nature of the relationship at the time of the interview. You can get married and file for his adjustment of status on the basis of marriage.... Read Answer

You should consult an immigration attorney: whether or not your son can avoid deportation depends on the convictions on his record, and on your family circumstances. You should not delay getting professional help with the case because the Immigration and Customs Enforcement can move your son to a detention facility in another state (most often, to Texas, New Mexico, or Louisiana), and defending him will become more difficult.... Read Answer

You need to petition for him and then it protects him from deportation unless he is not admissible because of the criminal charges. Typically one DUI is not enough to make one inadmissible but I don't know the entire situation so I cannot comment on what his chances are. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

*Removal/Deportation Representation* It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States. Attorney Fees (Filing Fees and Costs not included) She will most likely be considered and aggravated felon.... Read Answer

Generally, an F-1 visa-holding foreign national married to a U.S. citizen may apply to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card") even if he has violated the terms of the student visa by discontinuing school. If someone enters on an F-1 visa while married to a U.S. citizen and while intending to remain permanently in the U.S., however, that may present some complications, especially if upon entry the foreign national denied being married to a U.S. citizen. It would be wise to engage an immigration attorney to carefully review the details relating to you and your wife, in order to advise about immigration eligibilities, options and strategies.... Read Answer

Not right now. DHS is considering relaxing waiver requirements where the spouse of a US citizen will be able to apply for a waiver from within the United States. Why is this important? Because if someone is here illegally and leaves the country, they will be subject to the inadmissibility bars - (3 years over 180 days but under 1 year illegally; 10 years over 1 year illegally, others). The bars only kick in when the person leaves. Be very careful here: Just because the I-130 is approved and you get an "invitation" to go back to your country to get a visa does not mean you will get it.... Read Answer

  Hello, You can file for a for a green card if you meet the eligibility requirements for legal permanent residency. There is not enough information for one to determine if you are eligible to file but you should consult with a local immigration attorney now so that you can narrow down your options before you graduate from school. Do take your proof of legal entry and current legal status with you for the consultation in order to explore your options. Good luck.  Disclaimer: 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. Doreen Emenike, Attorney at law     www.emenikelaw.com   http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen  ... Read Answer

If your boyfriend last entered the U.S. with inspection and is here in status or is an overstay, the good news is that he may be able to file for and obtain his green card from within the U.S. based on marriage to 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.  He may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen.  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.  If he did not last enter with inspection and he is an EWI (entered without inspection), there are more issues that would need to be reviewed.  If he qualifies for adjustment of status from within the U.S., he may be able to get through the process in about 4-6 months.  Every CIS is different, but many fall within that time frame. You can find more info on the process at: http://www.familytousa.com/green-card-through-marriage-ad/ Every case is different and unique.  You may want to consider consulting with an immigration attorney to make sure you understand all of the issues in your boyfriend's case. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

To obtain a fiance visa, you must file a petition with USCIS and, after the petition is approved in approximately 5 months, your fiance will attend an interview at the U.S. Consulate in Nigeria to obtain the visa.  You must have met in person within the previous two years and have proof of your intentions to marry within 90 days of his entry to the U.S.  After the wedding, he will have to apply for adjustment of status to obtain his permanent visa.   Your situation is more complicated than most fiance visa applications, due to your work situation, so I recommend that you contact an experienced immigration attorney to review your options.  Good luck!... Read Answer

The fastest way to get your husband released from ICE custody is to pay the $5,000 bond.  He can request a hearing to ask the Judge to lower the bond, but I recommend that you contact a local competent immigration attorney to determine if the local Immigration Court requires a motion for bond redetermination.  In general, the Judge will lower the bond as ICE generally sets an unreasonably high bond, but rarely will the Judge release someone without a bond.  Good luck!... Read Answer