When a non-resident applies for admission to the US through CBP, they are presumed to be attempting to immigrate.
I highly suggest that she adopt an updated portfolio of information similar to what she used at the consulate interview and bring it with her at every entry.
Or, do not transit back and forth while she is moving from a non-immigrant status to that of an intended immigrant.
The IRS most often will not attend the creditors meeting, but they likely will come and see you at some point. For the "willfull concealment" purposes, they will look at overstatement of deductions and exemptions, falsification of documents, concealment or transfer of income, keeping two sets of financial ledgers, falsifying personal expenses as business expenses, claiming an exemption for a nonexistent dependent, such as a child and willfully underreporting income.
I suggest you get in...
You have to remember that the I-864 is an actual contract between you, and in this case, you and your father and the US government. You are stating that you will reimburse the government for any benefits that the sponsored immigrant would receives within a certain period of time.
This does not impact your ability to receive benefits, especially under changed circumstances.
That time expires when the sponsored immigrant becomes a US Citizen, has earned a total of 40 work quarters for...
You first need to find out exactly what he was convicted for. Under Texas Penal Code 30.02, he could have gotten a state jail felony if the crime was committed in a building other than a habitation, felony of the second degree if committed in a habitation and even a first degree felony if the premises are a habitation; and any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft....
It sounds like your best bet would be the provisional waiver available since March 2013. This allows you to petition for him and he can be cleared to reenter the US before he leaves to Honduras for the consulate interview.
I think it would be best to seek advice of counsel as this is a complicated process.
As was stated, the issue of claiming to be a US Citizen when you are not can be a big problem. Less so if you did not know you were not.
You can apply for the Deferred Action for Childhood Arrivals, provided you can obtain the evidence needed in time. DACA was initiated by memorandum only which means the program can be stopped at anytime, so if you are qualified - act now.
It will depend upon the crime. There is little flexibility if it is an aggravated felony, and you don't appear to be in one of the three federal circuits that allow to readjust status in certain circumstances. If he is in mandatory detention, that could mean it is.
Many crimes can be overcome with waivers, and some of the factors you mention are very helpful.
Read the exact sections of law with which he is being charged on the Record of Deportable Alien (Form I-213) and that will tell...
There is a misconception that a "DREAM Act" has been passed.
The Obama administration only created a process to document individuals meeting a certain criteria and have deemed it "Deferred Action for Childhood Arrivals" or "DACA".
There are a number of requirements, as the link below will show, and the only mention of taxes is, "Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax...
You are correct in that she may have problems for the re-entry after deportation federal charges. However, if she was removed the first time for only illegal presence, it would be unusual for the federal government to prosecute her.
You can also file for her to adjust status if you are married and can meet the statutory qualifications and waivers.
You characterize the issue as a "kidnapping" - and if that is the case, it is a federal crime under the International Parental Kidnapping Crime Act (18 USC 1204). Please get off AVVO and contact the Federal Bureau of Investigations at 1017 WH Smith Blvd Greenville, NC 27834
If it more of a custody dispute, the United Arab Emirates is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention), nor are...