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.
You appear to qualify for benefits under section 245(i) of the Immigration and Nationality Act. The fact that you married may have resulted in the revocation of the petition filed by your father, but you are still "grandfathered" for section 245(i) purposes which allows you to pay a $1000 penalty fee if you cannot prove your inspection by an immigration officer when you entered the United States.
This case appears to be a good example if how an experienced immigration attorney could save you...
If he is afraid to return to his home country then he can request asylum while at the airport. He can be detained, but must be afforded a credible fear interview by CBP. The interview will be conducted by a USCIS officer so it may not take place for a few days so detation is a likely result.
If the alien's story appears plausible he will be allowed to remain in the U..S. during the pendency of his asylum proceedings. However, he will most likely be detained during this process.
As a general rule, yes. However, the fact that you had your interview and your case was not approved at that time is indicative that there may be an issue with your case and travel may not be wise. Cases which are readily approvable are approved at the interview. Backlogs at a local office are for cases which an examiner has held because he or she is concerned about eligibility (perhaps incorrectly so, but concern nonetheless). I suggest you consult with an experienced immigration attorney...
Yes, it is possible. However, your case is complicated by the fact that you have a potential fraud issue due to your failure to attend school and the pending removal proceedings. Consult with an experienced immigration attorney who can review your case and advise you how best to proceed given your particular situation.
There is no such thing as "voluntary deportation." If you were granted "voluntary departure" and left within the time period set by the Immigration Judge then you do not need to file an I-212 as you did not leave under an order of removal (though you may require a waiver for prior unlawful presence).
On the other hand, if you were ordered removed (deported) from the U.S. and simply left the country on your own (i.e. self-deported) then you most likely do need an I-212 unless the time...