Lena Korial-Yonan's Answers

Can an illegal alien become a resident after 10 years of continuously living in the US and having had good morals and behavior?

You are possibly referring to what is known as non-LPR cancellation of removal. This form of relief can be granted to you if you are in removal proceedings and you were in the U.S. for 10 years before the notice to appear was issued. You may need a qualifying relative, such as U.S. citizen spouse or child, and you need to show hardship to the qualifying relative if you are ordered removed from the U.S. This standard is difficult to meet and requires much evidence to show all the hardship and...

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K-1 to CR-1 changing visa application and proper way to do it

If your fiance is in the U.S. now, then he or she can apply for the green card once you two are legally married. Please be sure to wait until 60 days after he or she last entered the U.S. before you get married. It seems that you simply changed your intent from having your fiance visit to having him or her stay with you in the U.S. You can apply for the green card by filing paperwork here in the U.S. and attending an interview together at the USCIS office. Once you file for the green card,...

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Filed fraud complaint with uscis against my foreign spouse a number of months ago. how can i determine status?

You may be able to make an infopass appointment and go down to your local office to meet with an officer who can look up the case in the system. In Jacksonville, FL, the local ICE and USCIS offices are in the same building and so an infopass appointment is sometimes helpful. Otherwsise you can send a fax to the ICE office and maybe someone will respond. You can make an infopass appointment at www.uscis.gov. Be sure to be kind and calm when speaking with the immigration officer during the...

How long

If the form I-130 has been tranferred to a local USCIS office, then there may be an interview being scheduled with USCIS before the I-130 can be approved. There are instances where an interview is usually required, such as when the intending immigrant is in removal proceedings or has previously been ordered removed in the past. There are other reasons for an interview being required by the local USCIS office. You should consult with an immigration attorney before you attend any interview...

Can i go to my immigration interview even though I filed an I-360?

From what I can understand from the question, you have had only 1 husband and this husband abused you. This husband is also a Cuban / U.S. citizen, correct? If so, then it is a good idea to take an immigration attorney with you to the interview, so that the attorney can explain to the officer the new deverlopments in your case including filing the battered spouse petition, I-360. It is always a good idea to take counsel with you because one cannot predict what USCIS will do. But since you...

I applied and obtained a B1/B2 visa in 2002 and then obtained a E2 visa which expired in 2009, can I travel to the USA using the

Yes, you can still enter the U.S. on your visitor's visa. Be ready though to answer questions about your previous stay in E-2 status. the type of work you did, what work you do now, and if you have ever overstayed your visa, etc. On the whole, though, your B-2 should still be valid. Lena Korial-Yonan, Esq. 9425 Craven Road, Suite # 5 Jacksonville, FL 32257 www.needimmigrationhelp.com

What date and manner of last entry should I put in my immigration papers?

You should state that your current status is B-2 and mark the expiration date on the I-485 as the last day that your B-2 is current. Please note that when you enter the U.S. on a J-1, there are some restrictions that may apply, such as whether you are subject to the 2-year requirement. If you changed your status, you possibly are not subject to the requirement of returning home for 2 years before re-entering the U.S. However, you will want to check your visa page in your passport to see...

My wife and I are both US Citizens my sister is 16 can we adopt and file for her? and what is the process? the fastest way?

In case you wanted a third opinion on the adoption issue, your sister would need to be under 16 years at the time the adoption process is completed for immigration (USCIS) to allow her to receive any benefits from the adoption. However, you mentioned that your mom is a green card holder. Because your sister is still considered a "child" for immigration purposes, your mom can sponsor her and the process will not take that long. You can check the visa bulletin on my home page at www....

Voluntary deportation????? the right way to go?

Although there is no current bond set, an immigration attorney experienced in deportation / removal can file a motion for bond with the correct jurisdiction. It seems that your husband may be eligible for bond, as he has had the green card for over 15 years, thus providing him rights in the U.S. Further, your husband has immigration relief options available to him. I HIGHLY recommend that you contact an immigration attorney that you feel comfortable with IMMEDIATELY and make arrangemnts...

Can I start sponsorship?

As you now know from the other answers, you are missing some vital facts from your scenario that will help an immigration attorney to find a solution for your situation. For example, you mention that you have an older son, who is also a U.S. citizen, I am assuming since you state that your 3 children are U.S. citizens. How old is your son? When he becomes 21 years or older, he will be eligible to sponsor you immediately as his parent. Also, you stated that you previously had a company...