Neil F. Lewis's Answers

Immigration law, can a legal resident be deported for a felony conviction, NY penal code 220.41 FA

I am not a New York lawyer, but here is the statute I pulled up: § 220.41 Criminal sale of a controlled substance in the second degree. A person is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or...

9 people marked this answer as helpful

What is the process for applying for a green card for a immigrant married to a U.S. citizen

The forms you will need to file are an I-130 to establish the marital relationship, a G-325 (biodata) for the alien and for the US citizen, an I-765 for a work card, the I-485 for the green card, along with the I-864 affidavit of support. The alien will also need a medical exam from a CIS approved doctor. The alien may be able to file the I-131 to get a travel document if he has not been out of status for more than six months. These forms and the documents that support them (birth...

9 people marked this answer as helpful

What will happen to my petition if the petitioner dies ?

Always always always have BOTH parents file petitions. This way, if one parent becomes a citizen and the other doesn't, you still will get your green card faster. If one dies and the other does not, you do not have to get into absurd process of reinstating the petition with the other parent. Reinstatement can take up to two years for some crazy reason. It can be difficult to get, as well, because CIS wrongfully requires a showing of hardship for reinstatement. Have your mom file for you...

Selected as best answer

What are the possible penalties for entering into a fraudulent marriage

The penalties for marriage fraud include a permanent bar to admissability for the alien, and a $250,000 possible fine and five years in jail for those convicted of such a charge. The burden is on the government to prove any charge of fraud and they must prove that there existed no reason for the marriage apart from gaining immigration benefits for the alien. Typically a marriage fraud case will involve a US citizen spouse who was paid to marry the alien and get them lawful permanent residence....

5 people marked this answer as helpful

I-751 waiver Denied

Your waiver will be reviewed by an Immigration Judge in removal proceedings. In Florida there is a HUGE disconnect between the legal burden required by CIS and the Immigration Courts. Routinely in my practice denied I-751s are approved after review in court. If your marriage was real, you will win your green card. Speak with a good lawyer to figure out your other options. PS -- If you are a Christian Egyptian, odds are you are not going anywhere right now. : )

Selected as best answer

How to fill the Question 11, Part 3 of the I- 485 Application form?

Really you are having trouble answering this? This question basically asks, "are you you?" Of course you tell the truth. It is likely that your status as an asylee allows you to avoid any penalty for the J-1 entry. Congratulations on your future permanent residency!

Selected as best answer

Planning to marry an EU citizen who is banned from the US for ten years.

The ban can be removed if a waiver is obtained. The waiver would be the final part of the process of gaining her return to the US. After you have filed the I-130, and completed consular processing, she will need to deliver a waiver application (I-601) to the embassy. The waiver needs to be supported with evidence that your wife's continuing exclusion will work an extreme hardship on you. What exactly is "extreme hardship" is difficult to say, because it changes from case to case.

Selected as best answer

What do i do if my husband has a Conditional Greencard and had a baby with someone else?

As you did not mention fraud in your question, I will not address that issue. It is unfortunate that your husband strayed, but sometimes marriages do not work out. You may divorce your husband, as you will not deny him his chance of keeping his green card. He will still be able to convince CIS that his marriage to you was real, and that he deserves to keep his green card. The main issue he will have to prove in his next filing is that his marriage to you was real and was not entered into...

Selected as best answer

Married with a american citizen and domestic violence

A fix for persons in abused spouse protection. Any alien who is in a real marriage to a USC and who is physically battered by that US citizen is entitled to protection. You file for this protection on form I-360. You need to show that: 1 -- you are a person of good moral character 2 -- you are (or were recently) engaged in a real marriage 3 -- your spouse is a US citizen 4 -- your spouse physically abused you, or caused you to suffer severe mental abuse. You may even be eligible to...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Naturalization through marriage?

Automatic citizenship is only conferred on certain children of US citizens and children born with the geographic confines of this great country. You and your wife will need to file N-400s together. Make sure you let your local office know that you would like to naturalize together, and I am sure they will work to make your swera-in date the same.

1 lawyer agreed with this answer

1 person marked this answer as helpful