Hi- You are in a difficult position, and you really need to speak to a lawyer immediately before your situation worsens, timing is important in this case. Please discuss this with an attorney as soon as possible. If you wish my office handles many situations similar to this, as do many other attorneys in the Chicago area, feel free to give us a call or contact someone else for an appointment as soon as possible.
I have to agree with my colleague, you are not precluded from the U visa (assuming you qualify); but as you say yourself, you have a strange set of circumstances and you should know all of the pros and cons with how you are proceeding with your immigration case and educate yourself. Please schedule a consult with an immigration attorney. Good luck.
That is an interesting question! My initial response is to do a Freedom of Information Act request with USCIS to obtain his alien file. It should demonstrate whether or not there is any record of his abandonment. However, I would also assume simply by virtue of his actions related to not filing taxes, living in the United States, etc. he has given up his lawful permanent resident status. I would suggest discussing this further with an immigration attorney with more details. Good luck!
This is a serious and difficult issue to deal with, you really should be represented by an attorney that can inquire into your previous case, review the totality of your immigration history and assist you thouroughly with your petition for reentry assuming you qualify to apply for a waiver. Good luck.
Your attorney can request a continuance, however that does not mean that a continuance will necessarily be granted, there are situations where CIS has chosen not to grant a continuance. You should have a legitimate reason for requesting such a continuance.
I agree with my colleague, as this is not permanent residency based upon marriage in any account, I don't believe that there is any specific waiting time necessary to start divorce proceedings. Best of luck.
I agree with my colleague, affidavits cannot be the only evidence you have to prove that you have been physical present, but when evidence is taken into the aggragate affidavits can be very helpful, especially depending upon who provides the affidavit.
I would recommend discussing this more fully with an immigration attorney it is part of their job to find evidence that you may not think is helpful or you do not consider at all. But in light of your facts there does not appear any reason...
As my colleagues have stated you really need to meet with an attorney to review your complete immigration history and see the best way to proceed. I would address this immediately as you have a limited window of time to review and collect evidence and prepare an appropriate legal response. Good luck to you.
I'm assuming that your cousin is on a B2 visitor's visa and you are asking if he can complete a change of status to a F1 student visa. Based upon the facts provided it does appear that he can; he should accomplish this while staying in status which is dependent upon the date on his I-94 card. He should discuss this with the foreign student advisor at his chosen school and possibly consult with an attorney.