There are visa options to victims of domestic violence. The U visa is available if you can get a law enforcement agent to sign a certification that you were the victim of a violent crime and that you were helpful in the investigation and prosecution of a case. Here, it does not appear that the police would sign a certification since they refused to arrest him or pursue the case.
You can file an immigrant visa for your spouse as a permanent resident. The backlog for spouses of permanent residents from Mexico is currently April 2010. This means that the government is just now issuing visas to individuals who began the process in April of 2010. If you are eligible and obtain U.S. citizenship, there is no visa backlog and she would be able to immigrate more rapidly.
Although she can visit on the tourist visa while the immigrant petition is pending, the immigrant...
Your case is now pending in the family based category for adult sons and daughters of a permanent resident. If your mom gets her citizenship, you would move into the family based category for adult sons and daughters of a citizen and the waiting times are significantly decreased. The visa bulletin is below. You can click on the link to see the waiting times in the FB-2B category for sons and daughters of permanent residents and in the FB-1 category for sons and daughters of a citizen. Of...
If you both have unexpired valid visas, and are returning to the U.S. to resume employment with the L-1B or H-1B sponsors, then the travel will not cause problems. It is advisable to have a current employer letter with you to present to Customs and Border Protection on entry into the United States.
If he initially entered without inspection and no one has ever filed for him or his parents in the past, then most likely he is not covered by 245(i) and would have to return to his home country to process his papers. If he leaves before he is 18 and 1/2 then he will not have triggered unlawful presence and may not need a waiver to return. Because of the complex issues in the case, you should definitely consult with an immigration attorney before proceeding with the case.
There is no indication as to if or when the DREAM act will be reintroduced. However, there is a lot of movement to create adminstrative remedies for kids that are otherwise eligible for the DREAM act including deferred action and other forms of prosecutorial discretion. There is also movement on the Defense of Marraige Act and many immigration firms (including ours) are pushing the envelope on immigration benefits for same sex couples. Additionally, depending on your country of origin, we...
You can stay through the period on your I-94. The visa is merely an entry document. That means that you can only enter the U.S. on the visa through October 2012. However, on each entry you receive an I-94 card which is your permission to stay. The I-94 card governs your period of authorized presence in the U.S. which is through May 13, 2013.
If you already have the certification, it would most likely have been denied based on a ground of inadmissibility for something in your past, or if the crime was not a qualifying crime. The government should have offered you the opportunity to submit a waiver if that is the case. Please call our office to review the case and see if we can reopen the case. You need to do so promptly as you only have 30 days to appeal.
You can certainly marry and file a new petition for your current boyfriend, but you will need to demonstrate to the immigration authorities that the previous relationship and the current one are bona fide and not solely for the purpose of obtaining immigration benefits. You will need to do that through objective evidence of the relationship including the commingling of financial assets, joint accounts, joint responsibility for bills, joint lease agreements and other evidence.