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David M. Sperling's Answers
Contributor Level 6
- 6 Legal Answers
- 0 Legal Guides
4
Attorney answers:
What is the risk of deportation if parent (dad) filed adjustment of status after approval of i130?
Not clear who is beneficiary of the approved I-130, and under what category it was filed. However, if you are not eligible under 245(i), and either entered illegally or overstayed your visa, you are not eligible to adjust status through a family petition. You definitely must consult an experienced immigration attorney regarding details of your case. You may at some point be eligible for consular processing, but that route is very risky since you would be subject to a 10-year-bar...
4
Attorney answers:
What are the conditions upon which an illegal immigrant who has a approved I 130 can apply for an adjustment of Status while in
The easiest and quickest way is through a bona fide marriage with a U.S. Citizen. You will probably not qualify under other categories, unless you are 245(i) eligible, meaning that a bona fide petition was filed on your behalf before May 1, 2000. You would not qualify under any of the family preference categories, because you have fallen out of status -- unless you were 245(i) eligible, as stated above -- and are not longer a minor. (Minor children of USCs, spouses of USCs, and parents of...
3
Attorney answers:
Home visit
Your question is not clear. If an immigrant marries a U.S. Citizen and is eligible to adjust status (get a Green Card), the couple will be scheduled for an interview before USCIS. If the interviewer suspects fraud, he or she will refer couple to a "Stokes" interview. (This only applies to states in 2nd Circuit, including New York.) At the Stokes interview, the adjudicator will separate the couple and ask them many different questions. ("Does your wife have any scars or tattoos," for...
2
Attorney answers:
My mom got convicted of a felony 5 years ago... will she be able to remove that from her record in the future?
It is very likely that this was an Aggravated Felony, for which there is virtually no relief. She would need to consider vacating the plea to be eligible for any immigration relief. She needs to speak to an attorney for specifics. Sperlinglaw@gmail.com
3
Attorney answers:
If i am applying for my husband, do i need anyother form apart from I 130?
As Carl Shusterman, a distinguished immigration lawyer, has noted, you do need more forms and documents. It depends also on whether husband is here or overseas. My practice is on Long Island. Please feel free to contact me. Sperlinglaw@gmail.com
3
Attorney answers:
Immigration lawyer question
Unless she has Temporary Protected Status, was never ordered deported and has a USC husband, there is almost no way to "become legal" in the United States. Leaving the country would be a very bad idea, because it would probably trigger the "10-year bar" for unauthorized presence in U.S. You need to speak to an attorney about specifics of your case.