Gaithersburg Immigration Attorney.
Your in-laws most likely entered on the Visa Waiver program. They can either travel outside the use and re-enter on the Visa Waiver program or apply for the B as indicated in the previous answer. If in the future they want to come for longer periods of time up to 6 months, they should apply for and enter on the visitor visa. For now they can apply for a B visa and change of status. Links provided below.
In the best case, you should consider keeping your trips to less than 6 months and maintain US address and other property. In addition to avoiding questions related to your ongoing resident intent, this will avoid re-setting the 5 year naturalization clock. In addition, you should continue to filed taxes and avoid any statements or claims that you are a non-resident for any reason (especially tax returns). Naturalization requires 5 years of continuous presence (no absence of over 6 months)...
Generally a son is a derivative of an employment-based residency case and should have been eligible for a green card without the additional sponsorship. Further, I agree with the prior answer, that unlawful presence does not likely accrue until your son turned 18 and therefore, your son has not accrued either 180 days or 1 year of unlawful presence. I strongly recommend that you seek a second opinion in your case before taking any action. While all of the key facts of your case are not clear,...
Entry on a K-1 visa only permits adjustment of status based on the marriage to the original sponsoring spouse within 90 days of entry. The Adjustment will be denied for this reason and the beneficiary will be placed in removal proceedings. Therefore your only option is to consider sponsoring the spouse with consular processing. The beneficiary will be subject to a 10 year bar to re-entry for having overstayed his/her visa by over 1 year. Once abroad, a waiver application will need to be...
Marriage to a US Citizen after an inspected entry (on a visitor or other visa) will in most cases permit you to get your green card. It is a common problem for people that are in the US without valid status. This assumes that there is no prior fraud on entry or prior applications, no criminal record and you are otherwise admissible. Admissibility is a much broader inquiry and involves a deeper inquiry with 20 or more questions. I have not seen any cases of denials of green cards based on...
I think I was one of the attorneys that answered you question before. You need to work with a divorce attorney on the divorce and get an understanding of the timing of that divorce. You appear to have an understanding of the issues. If the marriage was bona fide, and your divorce occurs within the next 30-60 days, you should be ok to file. It’s all in the proof and presentation. Given the complexity of your case, the importance of continued status and work authorization, you should contact...
Considering a Long Absences from the US & Reentry Permits: There are two concerns with your facts and they should be addressed separately when. The first is keeping your Green Card (residency) and the second is eligibility for Naturalization. I will try to address them both briefly here, but as you will see, this can get complicated and merits consultation with an experienced immigration attorney to review your facts in detail. Residency - Avoiding Abandonment & Ongoing Immigrant Intent...
Voluntary Departure is unlikely. Your friend definately needs to consult with an experienced immigration attorney with deportation / removal experience. I recommend checking with the local bar association for pro bono attorneys and agencies in that area. A simple google search should help you find one. I am providing a link below.
An approval can be issued from within days to within 6 or more weeks. After 6 weeks has past, the likelihood that the USCIS will issue a request for evidence or notice for a second interview statistically increases. If your case has not received any action within 90 days after the interview, a status inquiry may be in order. These are just guidelines. If you are nervous about your case or think you have a specific problem, it is always good to seek the advice of an experienced immigration...
If your case has not already been denied, you can provide the reason the interview was missed and request rescheduling. The USCIS may reschedule the interview, but this may depend on the reason you missed the interview. Alternatively, if the case has already been denied, it would probably be best to just re-file the case. You could request re-opening, but without any error on the part of USCIS, that may be a waste of time.
