At this point there is no easy relief available for your husband to legalize without leaving the country. But generally, there is path to legalization available to a person who entered the US without inspection ("EWI"), i.e. illegal undocumented alien. Your husband will need to seek a waiver to reenter the country. Such types of waivers are very case specific and you should consult an immigration attorney to discuss your circumstances. Once a waiver is granted, an alien may reenter the US...
The correct answer would depend upon individual circumstances. Generally, if your spouse does not have a permanent green card yet, the divorce will terminate her legal status in the US. If your spouse has a conditional permanent residency ("conditional green card") and you intend to divorce her before the end of the second anniversary of her green card status then upon divorce she might eligible to obtain a waiver to preserve her status.
Please contact an experience immigration attorney to...
There are citizenship venues available to a person who entered the US without inspection ("EWI"), i.e. illegal undocumented alien. Such types of waivers are very case specific and you should consult an immigration attorney to discuss your circumstances. Once a waiver is granted, an alien may reenter the US legally and eventually file for the US citizenship. Generally, an undocumented illegal alien may file for a waiver based on a hardship to the US citizen spouse. This waiver can only be...
Generally, an alien does not accrue unlawful presence in the US while the application of extension of status is being adjudicated. In other words, for as long as the application is pending she is not an overstay granted that she filed for the extension while being legally present, i.e. in status. However, if the application is denied the clock for unlawful presence starts ticking and in order to avoid 3 or 10 year ban on reentry your mother will need to leave the US as soon as possible. The...
Generally, neither spouse has exclusive right to a marital property for as long as they are married. However, there is not enough information to answer your question properly and I suggest to consult an attorney licensed in Virginia to analyze the circumstances of your case.
Best of luck,
Whether an employment contract is binding to a party will depend on the language of the contract. I suggest to consult with a local attorney who handles employment related matters to review the contract.
It is not possible to ascertain the exact amount of time necessary for the spouse of a U.S. permanent resident to receive a visa. However, it is known that currently (in July 2011), the U.S. government is processing visa applications from March 2008.
The responses and information are intended to be general and should not be relied upon for any specific situation. Please contact an experienced immigration attorney to discuss your situation. Best of luck .
In order to file a divorce in a state one must meet residency requirements (time spent in the state prior to filing for the divorce). The state of marriage is not relevant. The divorce will occur pursuant to the laws of California.
Please contact a divorce attorney in your area to be represented.
Previous post is correct in the global analysis of the situation. Having an approved I-130 petition does not by itself create presumption of the intent to remain in the US and is not grounds for denial.