My husband is being detained at krome, immigration detention center and is looking at being deported. He does have a criminal record containing drug charges. 2 minor and 1 felony. He has been here 20 years of his life basically raised in America, ...
It's impossible to tell without having reviewed the record of conviction. Drug related convictions are treated very harshly for immigration law purposes. Certain drug convictions can be waived, others cannot. It's not possible to tell whether your husband's conviction might be eligible for a waiver from the limited information you have provided here. Your best bet is to obtain the full record of conviction and sign up for a private consultation with an immigration lawyer.See question
The Prima Facie on my I-360 is expiring next month and I do not know how to file for extension. I only filed the i360 with supporting docs/ evidence without i765 and i485 although my ex spouse is a U.S. Citizen due to lack of funds. As now I have ...
Getting a prima facie determination does not make you eligible for work authorization. If you did not file an I-765 based on a pending I-485, the soonest you would get a work authorization through the VAWA process is if your I-360 got approved and you were placed in Deferred Action status. Deferred Action allows you to obtain work authorization. However, given the current processing times for VAWA, that may be many more months ahead if you only recently got your Prima Facie letter. If you had a previously pending I-485 based on marriage, you could have gone to an InfoPass appointment and asked them to hold in in abeyence while your VAWA is adjudicated. They will usually do that. This allows you to keep getting your EAD based on the already pending I-485 and avoid gaps in employment authorization. If your old I-485 has already been withdrawn or denied, you can file a new one with a fee waiver request. They are usually granted in VAWA cases.See question
The concern is a drug possession charge, the person was in US as legal permanent resident over 7 years before this happened. I have read 5 years, is this correct?
Any and ALL crimes you have EVER committed ANYWHERE in the world need to be disclosed on your application. If you were convicted of drug possession after you became a permanent resident, you could be deportable from the US, even if more than 7 years have passed since the date of your conviction. As a part of the review of your application for naturalization, you will be required to submit fingerprints, which will be used to check if you had any convictions that render you deportable, and if they find something that does, you will be placed in removal proceedings. With a conviction for possession, you would be very wise to take your record of conviction and have an experienced immigration attorney review it before you apply for naturalization.See question
Could it be, because I was in Canada. Do I have to find my absence by my self for applying citizenship?
It's not clear what you are asking, but if your FOIA request did not yield any records, it's because you either made the request incorrectly, or no responsive records exist.See question
I got arrested for a felony of marijuana but my lawyer got it to go to a misdemeanor. I got two options to do a program for 6 months and dismiss the case and get it expunged or plead no contest and the case it will be sealed and expunged in the ...
Misdemeanors can still be deportable offenses within the meaning of immigration law. Drug possession convictions are especially problematic and can be the basis for removal from the US. You have to be very careful here, because for immigration law purposes, there's no such thing as a sealed or expunged conviction. Every conviction has the potential of counting against you, even if it was later sealed or expunged. Moreover, another major thing to keep in mind is certain dispositions that are not convictions for criminal law purposes, are actually convictions under immigration law. For example, criminal attorneys will typically tell you that a withhold of adjudication is not a conviction, but as any immigration lawyer would tell you, a withhold of adjudication is a conviction for immigration law purposes. Finally, another aspect to remember is that even if you are not convicted, if you admit the essential elements of a certain crime, you can be deported for it. Therefore, you want to avoid any pretrial programs that require you to admit the essential elements of the crime. If it sounds confusing to you, that's because it is. If you want an outcome for your criminal case that does not expose you to the risk of deportation, your criminal defense attorney needs to discuss the options directly with an experienced immigration attorney.See question
F2A visa is current and interview is scheduled.do I still have to notify the NVC/Embassy since I became a US citizen
Yes, you should advise the government of your status change.See question
I'm a physician in Florida with high income I would like my brother to come here since the situation in Syria is unsafe
Your brother is very likely being denied for the very reason you stated - Syria is unsafe and people want to leave. The assumption is that due to the lack of safety, those who want to leave, aren't going to be looking to return anytime soon. When someone applies for a tourist visa to the US, he must prove that he does not have immigrant intent, which, understandably, is challenging under the circumstances, given what is happening in Syria and the outpouring of refugees from that country. If your brother fears being harmed in Syria, it may be worth exploring whether he would be eligible for refugee status. If not, other visa options may be available. This is a situation that is best discussed privately with an immigration attorney.See question
I am an international student in USA. I am a bisexual male who is still in the closet. My ex-roommate hit on me and I ignored his advances. I was not aware he was interested in men. Now he is refusing to return the deposits after I moved out. He's...
If you feel you may have been the victim of a crime, such as blackmail or extortion, you should call the police and file a police report. Some crimes may make you eligible to obtain a green card in the US, if you prove that you were a victim and you demonstrate cooperation with the authorities. That's best discussed privately with an immigration attorney. For the return of your deposit, you would probably need to speak with an attorney specializing in landlord-tenant/rental property issues.See question
i recently filed for disability because I have cancer however I am in the process of filing for adjustment of status for my husband will my being on disability affect him? I have my 2014 income tax that puts me way over the poverty line to sponsor...
As long as your income meets the minimum amount specified for your household size in the Poverty Guidelines for the current year, you can serve as the Sponsor on the Affidavit of Support for your husband.See question
As my ex he is american citizen and divorced me in 2006 without my knowledge as we lived abroad and we have a daughter american citizen..i would like hire a lawyer to collect child support as my ex sends without any court order or any documentatio...
Although you are dealing with people who have different citizenship and reside in different countries, this question is more appropriately posed to a family lawyer in the US state where your ex resides. Look for someone with experience in international custody and child support issues.See question