Carl Michael Shusterman’s Answers

Their lack of lawful status is irrelevant to their testimony.

It is unlikely that you would be detained, but if you are unlawfully in the U.S., it is also possible that you might be placed in a deportation hearing. You should see whether you may be eligible for any type of relief from deportation. Please see

I agree with you. However, I am wondering how old your nephews are now. Unless they are over 28 years old, they should be able to immigrate together with your sister since the visa petition was pending for 7 years. And with regard to the retrogression, your nephew's age freezes on the date that his priority became current. Please click on the link to our CSPA page below in order to read all the relevant government memos and decisions on this matter. We are currently litigating a class...

Although your US citizen husband can sponsor you for a green card, you cannot obtain permanent residence through marriage, absent abuse, without him. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Schedule a Legal Consultation - Know Your Rights! 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English)...

You should make sure that your divorce is finalized before your 2-year green card expires. As soon as your divorce is final, you need to submit an I-751 waiver to the USCIS. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Schedule a Legal Consultation - Telephonic or In-Person https://shusterman.com/intake-secure.html 600 Wilshire Blvd., Suite 1550...

Your husband may be under the "permanent bar" if he returned to the U.S. unlawfully after being deported. Of course, the dates when these event occurred matter a lot. You should consult with an experienced immigration attorney. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Schedule a Legal Consultation - Know Your Rights! 600 Wilshire Blvd., Suite 1550...

Yes, you should be able to obtain prosecutorial discretion under the Morton memo.

I agree with Attorney Pineda.

You can sponsor your husband for a green card in the US. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Schedule a Legal Consultation - Know Your Rights! 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English) www.inmigracion-abogado.com (Spanish)

If you file the I-485 packet together with the I-130, you should have you green card in 4 to 6 months.