Kevin M Reilly’s Answers

I had a case like this back in 1992, and my client was able to prove he entered the US by contacting the airline that he used and he was able to obtain the passenger list for his flight. In addition, he obtained sworn affidavits (statements) from two friends of his who had picked him up at the airport that day. You should consider hiring an attorney and, maybe, a private investigator to track down the evidence you need to prove you entered the US legally.

Doing your own immigration work is kind of like doing surgery on yourself. Sure you can do it, but who would want to do it? Without the help of an attorney, you stand the chance of really messing up the process. Okay, here goes. First, your company needs to prepare for and file an application for employment certification on your behalf with the DOL. Be careful, it is complicated. Second, if the labor certification is approved, at that time, your employer files an Immigrant Petition for...

If your I-751 was denied, you are at risk of being deported. You need to work closely with your attorney to propound a successful motion to reopen and/or motion to reconsider. As your attorney will tell you, there are many ways to prove that you entered a "good faith" marriage with your wife. Once your application to remove the conditions on your permanent residence was denied, you should have received a letter that tells you why the application was denied. The process to remove you from the...

First, she needs to consult a divorce attorney in the state where she resides. Once she is divorced, she may marry you. As long as she has not been convicted of an "aggravated felony," she should be able to get her greencard if you file the family petition for her, and she files the correct documents and evidence as well. Please consult an experienced immigration attorney.

There are a few other ways: asylum, parole, and the lottery. Please don't forget that there are a lot of ways to get the greencard and that is why you should speak to an experienced immigration attorney.

If you have overstayed your M-1 Visa by 180 days or more, you are subject to a 3 year ban, and if you overstayed 365 days or more, you are subject to a 10 year ban on returning to the US. You should consult an experienced immigration attorney to discuss the circumstances of your case. Having said that, I would like to add the following legal observation. One way to face the situation is to return to your native country and wait. Perhaps, sometime in the future, you will have the chance to...

Yes, just be careful to notify the USCIS if you move. You can do it by phone and by filling out the AR-11 and mailing it in.

Because North American aboriginals aren’t considered immigrants, Jay Treaty natives don’t need a green card to cross the US border with Cananda, but they do qualify for a card. In order to have a claim to Jay Treaty benefits, any person who can prove First Nations status is eligible to get a US greencard.

No, the Dream Act has not yet passed. There is still some hope that it will pass. Keep an eye on what happens in Immigration Court over the next year in terms of Prosecutorial Discretion and, especially, to see if ICE grants more Deferred Action in cases that would have qualified under the Dream Act. You should consult an attorney who specializes in this area.

The U Visa section in Vermont is a special unit and, from my experience, they are efficient and quick. You should receive a receipt notice within 4 week of the day they received the application. Did you send it to the right address? Did you send it by overnight mail and/or certified mail so you can track the mail? Your attorney can also call them on the phone=--they actually answer.