Lisa A. Tehlirian's Answers

Lisa A. Tehlirian
Troy Immigration Attorney.
Contributor Level 10

1

Attorney answers:

  1. Lisa A. Tehlirian

Can an illegal immigrant get his green card if he or she entered the U. S. illegally? that is, through the border?

Asked by a user in Norwalk, CT - almost 3 years ago.

Generally, a legal entry into the United States (entry with inspection) is required to be eligible for the green card. There are certain exceptions under special adjustment provisions ("245(i)") for individuals who entered the country illegally, were physically present in the United States on December 21, 2000, and submitted an immigrant petition before April 30, 2001. My recommendation is to consult with a qualified immigration attorney who can assist with determining your eligibility for...

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Attorney answers:

  1. Lisa A. Tehlirian
  2. Carl Michael Shusterman
  3. Andre R. Olivie

What do I do if i want to marry my girlfriend who has overstayed a visa, is working under another name and has a 10 yr old son?

Asked by a user in Salt Lake City, UT - over 1 year ago.

I would advise consulting with an experienced immigration attorney to determine the immigration options your girlfriend has available. If your girlfriend made a legal entry to the United States, she may be eligible for Permanent Residence sponsorship from within the United States. The fact that she overstayed her visa and worked without authorization may be "excused" if she is sponsored as an immediate relative (i.e., spouse of a U.S. citizen).

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Attorney answers:

  1. Lisa A. Tehlirian

Citizenship interview

Asked by a user in Troy, MI - almost 3 years ago.

If your state of residence at the time of your N-400 application (and three month preceding your application) was Michigan, jurisdiction should remain in Michigan so long as you establish your continued residence in Michigan at the time of interview. A Michigan driver's license is one of the first document USCIS District Adjudications Officers review to determine your state residency. If you are able to secure a Michigan driver's license before your interview, you may want to consider such an...

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Attorney answers:

  1. Lisa A. Tehlirian
  2. J Charles Ferrari
  3. Lynne Rogers Feldman

My husband entered legally and I want to file for adjustment of status. He has never claimed to be a USC.

Asked by a user in Houston, TX - about 1 year ago.

I would advise speaking with an experienced immigration attorney to determine your husband's eligibility for adjustment of status. The fact that your husband used a fake social security number will not necessarily render him ineligible for adjustment of status. If your husband was criminally charged (or charged by the IRS) for using a fake social security number, this would be more problematic. A more critical concern is whether your husband indicted on the I-9 (assuming he completed one for...

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Attorney answers:

  1. Lisa A. Tehlirian
  2. J Charles Ferrari

What to put on N-400 for spouces immigrations status?

Asked by a user in Denver, CO - about 1 year ago.

You will need to include your husband's information on your N-400 application, and list his status as "other." Even if you do not explain his status on the application, you may be questioned about his status during your final interview.

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Attorney answers:

  1. Lisa A. Tehlirian
  2. J Charles Ferrari

Im in US [gf in UK bout to be homeless]

Asked by a user in Battle Creek, MI - about 1 year ago.

I would need more background information in order to adequately respond to your question. Assuming you are a U.S. citizen, and you are considering engagement or marriage to your UK girlfriend, you may have permanent options available for you and your girlfriend to consider. I would advise consulting with an experienced immigration attorney about temporary and permanent immigration options available for your girlfriend.

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Attorney answers:

  1. Lisa A. Tehlirian

Applying for AOS planning to leave the country in 5 mos for big wedding honeymoon

Asked by a user in Lansing, MI - about 2 years ago.

Generally, AP documents are processed within 3-4 months of the date of application. So, you should receive the AP before your travel date (although there is no guarantee). Please note that out of the Detroit District, interviews are being scheduled relatively quickly (within 4-6 months), so keep that in mind with your travel plans. I wouldn't necessarily volunteer information regarding your travel plans/immigration strategy, unless specifically questioned about it during your interview....

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Attorney answers:

  1. Lisa A. Tehlirian
  2. Kevin Lawrence Dixler

Since my wife lied when she sent her immigration papers can she be deported?

Asked by a user in Buchanan, MI - about 2 years ago.

U.S. Department of Homeland Security will make the decision whether your wife will be charged as removable ("deportable") from the United States based upon misrepresentations in her immigration history. There is limited action you could pursue regarding your wife's case. I would advise speaking with an experienced immigration attorney to discuss your continuing obligations under the Affidavit of Support, as well as what action (if any) you could pursue if you suspect you were involved in...

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Attorney answers:

  1. Lisa A. Tehlirian
  2. Scott D. Pollock

F-1 visa to get a courthouse wedding so I can apply for AOS, leave for our destination wedding (outside the US) and honeymoon

Asked by a user in Lansing, MI - about 2 years ago.

My recommendation is to consult an experienced immigration attorney to determine the best strategy to proceed with the Adjustment of Status, especially if you are intereseted in honeymoon-ing abroad after the wedding. A courthouse wedding is not necessarily a "red flag" to establishing a bona fide marriage -- you may just be questioned as to why you had a small courthouse ceremony. At the time of application you need not submit evidence of the bona fides of the marriage; instead, this...

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Attorney answers:

  1. Lisa A. Tehlirian

How to help my friend get a visa now that hes been here already in the usa for 9yrs

Asked by a user in Sherwood, MI - over 3 years ago.

Assuming your friend made an illegal entry into the country, and now stayed several years in the U.S. without lawful status, he may have little, if any options, to secure a visa. My recommendation is to consult with an immigration attorney who can determine if any options are available. Additional fact gathering (i.e., did a family member or employer ever file an application on your friend's behalf with immigration, how long has your friend been present in the U.S.) would be required to...