You must disclose the arrest and disposition. How best to address the issue during your interview will depend on the specific facts of your case. Any time a criminal matter is involved when dealing with immigration it is best to retain qualified counsel to represent you. While things may seem simple of their face, the area is ripe with pitfalls for the unwary. Consult with an experienced immigration attorney who can review your case, advise you what to expect and how best to proceed.
In order to be eligible for benefits under the Cuban Adjustment Act you must be physically present in the U.S. for at least one year prior to application. The fact that you are married does not in and of itself offer you any "protection." You need to maintain lawful status just like anyone else.
However, assuming your spouse is a lawful permanent resident and you are presently maintaining lawful status it appears you may be eligible for adjustment of status based upon your marriage under...
Assuming he is "illegal" he is subject to deportation on that ground alone. Whether he will be deported will depend on the specific facts of his case. Assuming he graduated from high school or has a GED then it would appear he is eligible for benefits under the DACA program. Your friend's wife needs to consult with an experienced immigration attorney without delay.
Immigration records are protected by the Privacy Act and cannot be released without the consent of the person the record addresses. Under Florida law, however, you can serve notice by publication after making a good faith effort to locate your wife. I suggest you consult with an experienced family law attorney for can review your case and explain to you how the process works.
The fact that your fiance's K-1 visa was denied means that there are issues as to your husband's admissibility to the United States or the bona fides of your marriage. Consult with an experienced immigration attorney who can review the facts of the case and advise you as to the best way to proceed.
The options available to your "husband" (you referred to him as such but then indicate you are not legally married) will depend upon a number of different factors including how your husband entered the United States, your immigration status, and his criminal history. It appears from what you describe that ICE is seeking to deport him based upon his felony conviction, but you don't indicate what that felony is. Consult with an experienced immigration attorney who can review the facts of the...
Unfortunately it is rather doubtful. Putting aside the fact that your relative most likely requires a waiver of inadmissibility, the fact that she resided in the U.S. unlawfully for such an extended period of time makes it a virtual certainty that a consular officer will not believe she maintains a foreign residence she has no intention of abandoning which is required before a visitor's visa can be issued.
In Florida the Court must advise all defendants who are entering a plea of possible immigration consequences. If the Court fails to advise you of the immigration consequences, then the conviction is subject to being vacated. In most cases this must be done within 2 years of your conviction, but there are some exceptions to this rule. Additionally, special situations can exists if your criminal attorney did not properly advise you of potential immigration consequences as well.
All criminal matters and records must be disclosed, including those that have been expunged and/or sealed.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
If her OPT expired in February and she departed the United States it would appear she is not in school and attempting to re-enter in F-1 status is inappropriate. Looks like she has to wait for approval of her H-1B petition.