The visa depends upon whether a visa is avaialble and that depends upon the the category of eligibility. If you're application is based upon you being an alien of extraodinary ability o other category where a visa is available you need to contact an attorney immediately to research the issue and perfomr a status check. However, it is more likely that you applying as a skilled worker/ professional which means a visa is not available and won't be for several years and the delay is normal.
I agree that it is highly unlikely to be a CIMT. Further, even if it is a crime of violence or for that matter a crime of domestic violence, neither of those types of offenses are grounds of inadmissibility. Thus it appears that you can get an immigrant visa.
Pursuant to INA 240A(a)(a)(3) an alien is ineligible for Cancellation of Removal if he has criminal conviction for an alien smuggling offense. Gutierrez was never convicted of the crime of alien smuuggling. Instead he was apprehended coming into the country and charged with being inadmissible pursuant to INA 212(a)(6)(E) for knowingly abetting encouranging, inducing, etc alien smuggling. The distinction is huge since the burden of proof in removal proceedings (cleatr and convincing evidence)...
Probably what is being referred to is the question of whether you are inadmissible or deportabl for a drug crime. If you are a legal resident then you are deportable for any drug conviction except for one offense of simple possession of less than 30 grams of marijuana.
If you get placed in removal procedings you may be eligible for relief in the form of cancellation of removal or a section 212h waiver.
However, if you conviction was a drug trafficking crime it is considered an aggravated...
Generally, the judge must coninue the case until a decision is made by immigration on the I-130. However, the judge can require that you provide evidence of the bona fide nature of the marriage as a condition of continuing the case.
If you do not satisfy the judge's requirements for a continuance he can order him removed at the next hearing. Since you have already had one I-130 denied, I would be careful and make sure you provide exactly what the judge requires.
Unfotunately, the affidavit of support is almost impossible to withdraw since it is a binding agreement. There is no such thing as automatic deportation for a person who has a competent attorney. DEportation is a legal process that like any other must be seen though to its completion.
Since he currently has his 2 year green card based upon marriage to a US citizen, he will need to apply for his permanent non-conditional residence as the next step in the process. If you are divorced and do...
He can be held for 48 hours until ICE agents pick him up. If they have not released him, you need to take proof of the bail payment to the jail and demand that they release him since they have no legal authority to detain him after that. If they do not release him and ICE has picked him up you need to get a criminal attorney to file an emergency motion with the criminal court to order his release.
The mother will essentially have two ways to get permanent residence. First, once the child is 21, s/he can file a petition for the mother. Second, if the mother marries a US citizen, her husband cam file a petition for her immediately.
If you are going to Puerto Rico you will not need advance parole since Puerto Rico is a part of the United States. However, if you go to the other places in the Carribean islands such as the Dominican Republic, you will need an I-131 and receive advance parole before leaving.
Yes you can. While DV is a ground for deportability, it is not a ground of inadmissibility. Thus it does not prevent him from entering the US as an immigrant. However your husband will still need to file for permission to reapply since he was deported. You need to hire an attorney for