Generally speaking, if your spouse entered the United States without inspection then he is ineligible to apply for adjustment of status in the United States and must apply for an immigrant visa at an American Embassy or Consulate abroad. The law provides that an alien who has been in the U.S. unlawfully for a year or more is inadmissible for 10 years. Your husband will therefore need a waiver of inadmissibility and in order to qualify for same, will need to show that you will suffer extreme...
If your case is still on appeal to the BIA you can file an I-130 and a motion to remand with the Board. The requirements for this are very technical and failure to properly follow them will result in the denial of your motion. It is not necessary for the I-130 to be approved prior to filing the motion to remand if the case is handled properly. If you do not have qualified immigration counsel representing you before the Board then you should retain counsel immediately. if you are already...
I would say the likelihood of your obtaining a new visa in any category is poor. This is because it appears that the government took the position that you gained entry into the United States by fraud (i.e. misrepresenting your intent) as you admitted that you "abused" your visa. A finding of fraud renders one permanently inadmissible, though waivers are sometimes available
You need to consult with an experienced immigration attorney who can review the specific facts of your case, advise you...
For immigration purposes you are a non-resident since you have not been granted permanent residence as of yet. For tax purposes you are a resident since you have no intention of departing the United States.
Cruel? No. Apply the law? Yes. Congress has dictated that all convictions relating to a controlled substance are inadmissible offenses. A waiver of inadmissibility is available in some instances for simple possession of marijuana under 30 grams. Other than that, the law provides for a mandatory denial of an immigrant visa. Best to consult with an experienced immigration attorney who can review the case and explain what to expect and what options, if any, are available.
It would appear that ICE believes that your husband's criminal history
makes him amenable to deportation and are therefore seeking to take him
into custody. Whether this is true, of course, will depend upon your
husband's specific criminal record. Consult with an experienced
immigration attorney who can review the facts of his case and advise you
as to the options available.
Unaccompanied minor policies are set by individual airlines. For international flights a representative of the airline will escort the child through U.S. immigration and customs inspections. Consult with the airline you wish to use for information on their unaccompanied minor policies.
Just because your applications were filed together does not mean that they will be approved at the same time. There may be issued which need to be addressed before your wife's application can be approved. For example, we don't know her immigration history which may cause complications with her application and delay its adjudication. Most of the time dependent family members applications are adjudicated at the same time as the principals, but not always. Also, the online system you are...
You need to apply for an EAD. Hopefully you have an attorney who is assisting you with your case (and he or she should be handling this for you). If not, then you should strongly consider retaining experienced immigration counsel.
Your friend's conviction is for a an offense relating to a controlled substance and therefore subjects him to possible deportation. The fact that it is a misdemeanor is irrelevant in this context. Depending on the specific facts of his case he may, however, be eligible for relief from deportation in the form of a waiver granted by an Immigration Judge.
Your friend should consult with an experienced immigration attorney immediately. His failure to do so could result in his deportation from...