You need to bond him out and file for adjustment of status after you marry him. Misdemeanor DUI should not be a inabmissible offense depending on the facts. Important questions are: When and how did he enter the States, Other criminal activity, Which facility is he being held in? Probably Lancaster, and when was he arrested.
The above responders sound like doomsday prophets. It could just be a clerical or technical problem. Generally, a denial will be preceeded by some sort of request for evidence or interview request. Please keep us posted about what happens. A denial for renewal does not necessarily mean you will be put into removal proceedings.
This should be a straight forward adjustment of status application/petition but there are some pitfalls you should be aware of. In this case, the primary reason to hire an attorney would be to make sure there are no unreasonable delays and really chart the course with time expectations. Often, unrepresented clients are taken for a ride due to their lack of experience of the process. For example, the interviewing officer can make a minor; resolvable with the right response; issue during the...
The most important thing to remember is that provisional policies are just that; provisional. The policy you are thinking about is in regard to the 601 waiver that waives, in certain circumstances, grounds for inadmissibility. In the past, and actually under current law, the 601 waiver must be adjudicated abroad. This would require the family member to depart the United States and basically wait overseas for a response from the Embassy or Consulate to make a decision. There is a certain...
Very complicated issue that requires a good calendar, luck and timing. Please review the CSPA. It is an acronym for the Child Status Protection Act which passed in 2002 and which altered when and how children are considered to have “aged out” in the visa process.
Here is the link that dicusses the details.
One does NOT have to wait to begin employment with a company under a situation where the employee changes employers. The changing from full to part is a pretty easy fix. Will work on a more thorough answer for you soon.
I believe you are. But you need to sit down with the stats, open the cspa and analyze step by step when the visa bulletin became current, when the visas became retrogressed etc. These forums are to small to post a thorough answer, though it appears you have some equities for this type of petition.
We do CSPA evaluations all the time. Feel free to make an appointment to visit us.
The Child Status Protection Act may serve to help you, but the timing of the filing as well as the day you aged out is critical. I agree with my collegue. Seek a paid immigration consultation from a licensed attorney to determine if you can keep your priority date.