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Rusten Carlson Hurd's Answers

Rusten Carlson Hurd
Orlando Immigration Attorney.
Contributor Level 6

4

Attorney answers:

  1. Rusten Carlson Hurd
  2. Andre R. Olivie
  3. Ekaette Patty-Anne Eddings
  4. Carl Michael Shusterman

I'm Illegal immigrant (overstayed visa) getting married to a US citizen for he's 2nd time to a non citizan.

Asked by a user in Miami, FL - over 1 year ago.

The answer depends on a number of factors many of which will need to be discussed with a lawyer in greater detail. On average, adjustment of status is taking approximately three to five months here in Florida though that can vary depending upon the USCIS office which is appropriate for your interview. The fact that your spouse was married previously to a US citizen could raise a red flag with immigration but it really depends on the specifics of your spouses former marriage as well as your...

4

Attorney answers:

  1. Rusten Carlson Hurd
  2. Dianne Louise Brooks
  3. Christina Weber Crudden
  4. Lynne Rogers Feldman

What will happen If I Do this ?

Asked by a user in Orlando, FL - over 1 year ago.

I would echo the answers provided by my fellow practitioners but would add that based on the new regulations provided by the Florida DMV it is rather unlikely that your husband will be able to obtain a drivers license simply by taking the action you suggest. I certainly understand its an extremely difficult situation but, at this juncture, there is no easy answer to the issue. Based on the information you have relayed it would not appear to be a prudent decision to proceed to file an I-485.

3

Attorney answers:

  1. Scott Douglas Devore
  2. Rusten Carlson Hurd
  3. Philip Alan Eichorn

Need help my i485 was denied and i have to apear in court.

Asked by a user in Miami, FL - about 3 years ago.

I would recommend that you immediately seek counsel with an experienced immigration lawyer specializing in defending immigrants in removal proceedings. The fact that you failed to appear for the prior interview is extremely problematic and could be very damaging to your chances for having a successful resolution to your immigration issue. This issue coupled with your divorce may well create difficulty in defending the charges listed in the Notice to Appear. That said, it remains possible...

2

Attorney answers:

  1. Rusten Carlson Hurd
  2. Philip Alan Eichorn

Overstayed minor friend with family, options for college?

Asked by a user in Durham, NC - almost 2 years ago.

Unfortunately, your friend would appear to be in a very difficult situation. If Congress were to pass the Dream Act it would appear likely she would benefit from this legislation and would be able to have a path to attend school and eventually live and work in the United States legally. However, at present passage of the Dream Act is far from certain given the political climate. Under current U.S. law it is required that she leave the United States prior to her 18th birthday in order to...

4

Attorney answers:

  1. Carl Michael Shusterman
  2. Tracie Lynn Klinke
  3. Alexander M. Ivakhnenko
  4. Rusten Carlson Hurd

AOS, bona fide marriage?

Asked by a user in Los Angeles, CA - almost 2 years ago.

Provided that you entered into a bona fide marriage for love rather than a marriage for the purpose of obtaining an immigration benefit, the fact that you were married a bit earlier than you initially intended should not be a ground for a denial of the petition to adjust status. However, your husband will want to check his J-1 to ensure he is not subject to the two-year foreign residency requirment. Based on your question I'd recommend that you consult with an experienced immigration lawyer...