He is in the US as a LPR on a greencard, however this is expired. Was tricked into being detained.
Generally, just an expired green card is not grounds for detention. There may be more to this situation than you are aware of at this time. Typically, in an immigration context, HSI arrests happen in connection with immigration benefits fraud or human trafficking, so this is a very serious matter. I would encourage you to hire an experienced immigration attorney right away.See question
I filled out the AR11( he is incarcerated because of what happened). My question is what can I do about form I865 since he can't sign it ? What's going to happen with my I751 that is pending? Thank you
I am so sorry to hear that you are finding yourself in this situation. If you initially filed the I-751 jointly, since your husband is now incarcerated for abusing you, you should refile the I-751 as a waiver, under the category for abuse. Some offices allow you to change the basis of the I-751 from joint to waiver without requiring that you refile the application. At this juncture, you would benefit from the advice of an attorney. If you cannot afford an attorney from the private bar, you may wish to look into legal aid organizations in your area. If you call the Florida Bar and let them know where you live, they can refer you to one in your area. Good luck!See question
I hold a 2 years conditional green card through marriage, me and my wife are in the middle of a divorce , I was surprised when my wife filed a temporary injection for domestic violence Against me and false accusing me about a lot of bad things jus...
Yes, it could escalate into a serious problem. Generally, if it stays a civil matter, it will not make you inadmissible, but could impact the way your petition for removal of conditions is adjudicated. If it spills over into a criminal matter, you will be facing possible removal from the US. Either way, now is the time to schedule an appointment with an experienced immigration attorney so that he or she can provide you with case-specific advice. Remember, Avvo is a great place for general information, but it is not a substitute for individually-tailored legal advice from an attorney.See question
I'm planning to buy a business in Miami, and I am concerned about how much I have to invest to qualify for an E2 visa. I read that I have to invest around 80,000 dollars to be approved. Also, can I qualify if I buy a business or I have to create o...
There is significantly more to qualifying for an E-2 visa than investing the right amount of money. The criteria for this type of visa are extensive and complex. The law does not state a minimum investment amount, and in reality, the amount you will need to invest will depend on the type of business you have and your business plan. This is not something you would want to tackle on your own. You should hire competent counsel to represent you in this matter. There are plenty of excellent attorneys in the Miami area who can assist you in this regard.See question
i am in process for applying for e2. can i transfer funds into my brothers account who is also my business partner instead of escrow account. my brother is US citizen and i live abroad. I am unable to transfer it directly from my personal bank acc...
As my colleagues have pointed out, Avvo is a great place to get general information, however it cannot be a substitute for individually-tailored legal advice, especially in a matter as complex as an E-2 visa. If you set up the structure and the funding incorrectly, your E-2 could be denied, so it is important to get proper advice and do things correctly the first time around. In the legal world, it is generally more expensive to fix something that was previously done incorrectly than it is to do it correctly the first time. Hire an attorney; it will be well worth the investment.See question
My parents where getting their citizenship through naturalization and money was tight so we couldnt file the N-600, I am 19 now can I still claim or turn in that form since I was under 18 when they recieved citizenship or now that I am over 18 do ...
If you were under 18, a lawful permanent resident and living in the physical and legal custody of your parents at the time they naturalized, you became a citizen automatically, even if an N-600 was not filed on your behalf. An N-600 allows you to obtain a certificate of citizenship that proves a status you already lawfully have. So at this point, you can file the N-600 yourself or apply for a US passport. Either document will serve as proof of your citizenship with more or less equal force.See question
I received a job offer in another city , it is a really good one . I am planning to go work there once I received my employment card. My wife will have to resign in order to follow me . Will the USCIS be ok with that at the interview or ...
Although there is no specific requirement under the law that you live with your spouse, separate living arrangements are sure to cause the officer to be more skeptical about the validity of your marriage. You should document the reason for separate living arrangements and be prepared to present your case to the officer. Better yet, hire an attorney.See question
Hi i am scheduled for my citizenship interview on april 14 but looks like i might have to go back home with my mom to take care of some family business for a week. she is leaving on the 16th but i am not sure if i can travel.
You can try to request that your interview be rescheduled. If you do not show up, by regulation, your case will be placed in a hold and you will have up to a year to contact immigration and reschedule an appointment. I would recommend that you hire an attorney to handle this for you so that you do not lose your filing fees by making a mistake.See question
Dear Attorneys, I am an Indian National working in India with Hewlett Packard as a senior market analyst, having finished my post-grad education. I would be getting married to an Indian National who's residing in US and has a green card, by th...
This forum is intended for general information, and your case requires individually-tailored immigration advice, which cannot be provided here, without first analyzing the full factual and legal aspects of your case. I recommend that before you take any steps which could further damage your ability to obtain resident status in the US, or make it more difficult and expensive for you to do so, that you meet with an experienced immigration attorney and work out a strategy that is legal and meets your personal immigration goals.See question
Currenty in US with h2b visa. i have an employer who offer me to extend and my h2b extension is pending. Am i allow to start work even if my h2b visa is pending?
No, you may not. Doing so is a violation of US immigration law and can cause you to be ineligible for immigration benefits down the road. Now is the time to have a consultation with an immigration attorney.See question