Thad Brendan Servi's Answers

What if i751 wavier on conditional PR after divorce is denied on good faith. what will my status when i appeal ? please help.

IF your I-751 waiver is denied, CIS will probably initiate Removal Proceeding with the issuance of a "Notice to Appear." At that point, you could renew your application in front of the immigration judge and get a temporary stamp in your passport. If your case is not deemed to be approvable at the I-751 interview, you will be issued a request for additional evidence on the spot or via mail shortly thereafter. Then if the case is denied the NTA described above will be issued. You will...

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Has any thing changed in imagration law yet husband is still illegal.

It may be possible for your husband to secure lawful status whether or not there has been a change in the immigration law. It is worth your while to have a consultation with an immigration attorney experienced with these types of cases. One of the big questions is what is your status-are you a United States citizen? Another question is did your husband come to United States with or without lawful inspection? Based upon the answers to these questions and several others it may be possible for...

Green card

At1st glance,if the meeting that you had in August was to decide whether your marriage was bona fide, you should already have your lawful permanent resident card (green card). And so it would help to hire an attorney to go to USCIS and try to push them, diplomatically, into making a decision on the case. It is difficult to answer your question completely without more information, there are many issues on this case.make an appointment as soon as possible. Thad Servi, Esquire Vazquez &...

My husband is an us citizen, we've been married for four years and have two children, but im still an illegal alien,

Dear Illegal in Norcross: There is a special law to help people like you. It is called the VIOLENCE AGAINST WOMEN'S ACT (VAWA). It covers not only physical abuse but emotional abuse. These cases are not easy but it is clearly the 1st step to investigate whether you can not only get a work permit but lawful permanent residence here in United States based upon your abuse. Make sure you keep evidence of all abuse including police reports, evidence of him using drugs, etc. BE CAREFUL!...

Re: to Sarah m Crosss: can I reapply for a green card even if it was denied?

Dear Sarah: Since you called him your fiancé, I assume the relationship is very serious and that you may be marrying in the future. A family petition along with the adjustment of status application may be the solution for your fiancé but you definitely need to contact an experienced immigration attorney before we file ANYTHING. Also, and I-589 is not a basis to apply for adjustment of status. Thad Servi, Esquire Vazquez & Servi, P.C. 3190 Northeast Expressway, Suite 330 Atlanta,...

I enter in 1990 and never left

Dear Married in Norcross: It sounds as though the 1998 and 2001 petitions grandfathered certain rights for you under the law INA 245 (I). It is also quite common cases like this for a man and your father situation to have also applied for his wife/your mother when he was a lawful permanent resident. You should consult with an experienced immigration attorney and see if there is perhaps some way to preserve one of those priority dates specifically for the 2001 case and look for the fastest...

Citizen has not filed taxes

There is good news and bad news on this but mostly good news. Your husband needs to submit the last year of taxes along with the affidavit of support if he worked in the last year. If his taxes are insufficient, you will need a co-sponsor who will submit their taxes and an affidavit of support. Clearly, if someone is self employed and they make a baseline amount of $400.00, they must file taxes. It shouldn't be too burdensome for your spouse to file taxes for one year. The other nineteen...

If my fiance and I get married in the U.S could he still be deported?

Actually there are several baseline questions that need to be answered: What was his status upon entering the U.S.? How long has he been in the U.S. Did he ever leave the U.S. after being here for more than one year with out status? Did anyone ever file an immigrant petition for him or his mother or father before April 30, 2001? Depending on the answers to these questions, there are many more questions that need to be answered but, even if your fiance is not eligible to adjust his status...

Can this be done? Can the initial error be used as a defense?

It is quite possible that we could secure a copy of your entire file from USCIS and that would include a copy of the I 130 filed in 2002. However, there many other issues on this case such as the ability to adjust to status inside the United States versus having to consular process this case. These are extremely important concepts because if you have not maintained a lawful status inside the United States since turning age 18, you may incur a bar to inadmissiblity should you consular...

Husband doesn't want to come back to the states,

When you say "liable," you're probably referring to the "affidavit of support" that you signed in support of this case. That document requires that you be liable to the government should your husband receive any "means-tested public benefits" within "40 qualifying work orders" of him becoming a lawful permanent resident. So, should he never become a lawful permanent resident, you will never be liable. However, I hope things work out the best for you and should you wish to pursue this case...