Anish Vashistha's Answers

Can a person convicted and deported for U.S. passport fraud apply for U.S. citizenship if they are legally married to a citizen?

The short answer is maybe, but it appears unlikely. To become a U.S. citizen, your husband would need to first become a Lawful Permanent Resident ("Green Card" holder). If he has a Green Card for three years and remains married to you and lives with you for three years, he would be eligible to obtain U.S. Citizenship. Therefore, the real issue here is whether he can obtain a Green Card. It appears that your husband had falsely claimed to be a U.S. citizen. Falsely claiming to be a U.S....

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My sister's green card expired 5 years ago.

She would most likely have a problem returning to the United States if she does not try to renew it now. She is still a Lawful Permanent Resident of the United States, but she will be required to show proof of that status when attempting to enter the United States. Typically, Immigration officers at the various airports in the United States want to see the expired Green Card and a receipt notice for the application to renew the Green Card. She could also have her attorney in the United...

My friend has a ins holld on him he is serving time for no driver license.

It depends on what ICE finds out from him when they interview him. If they determine that he is a mandatory detainee, meaning he has one or more serious criminal convictions, then he would not be eligible for bail. However, if ICE finds that his only conviction is driving without a license, then he would still be removable for being in the country illegally but would be eligible for bond. In fact, ICE may simply let him be released while having him placed in removal proceedings if it...

I've been deported on aggriveted felony to india need help fileing hardship waiver

Sir, I understand the difficulty you're facing. The first step to resolving your immigration matter is to analyze the criminal conviction that was determined to be an "Aggravated Felony." If there were any errors in the criminal case, you may likely be eligible for post-conviction relief in which the conviction would be taken off your record. A close examination of all the criminal records in your case would be required before such a determination could be made. If indeed you are eligible...

My boyfriend has an immigration holed this is his second felony

First, I want to point out that it was very smart of you to seek legal advice about this issue because your boyfriend's case appears very complicated. Second, I should warn you about what you disclose on this site could possibly be viewed by the government, which may be in the process of attempting to deport your boyfriend or place him in removal proceedings. That being said, you should meet personally with an immigration attorney who also handles criminal matters for immigration clients....

What is the process and requirements for an employment-based sponsorship of an F-1 International Student

Regarding the level of education, it depends on what field and how much work experience you have. Regarding the process, first you should change status to H-1b. Your employer will need to file a Labor Condition Application (Form ETA 9035) with the Department of Labor (DOL) to prove that your employer needs to hire a foreign worker and that your employer will be paying you the "prevailing wage" for that type of work in that geographical area. Fulfilling all the requirements and obtaining a...

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How can I get somebody's registration number that is in ICE? PLEASE HELP!

It appears that your boyfriend has either been in jail for a criminal matter and then had an immigration hold placed on him or was arrested directly by ICE. In either case, ICE is probably preparing a charging document, called a Notice to Appear or NTA, for your boyfriend to have him placed in removal proceedings. Sometimes ICE takes longer to prepare such a document, but ICE is supposed to issue the document soon after detaining someone. The charging document will have the alien...

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Imgration

If your girlfriend/fiancee is living in Columbia, I would recommend a Fiancee Visa. It is faster than an Immigrant Visa, and your girlfriend's/fiancee's son can get a visa as well as a dependent. After their arrival in the U.S., the two of you should get married in the U.S. and then apply for Green Cards for her and her son. If your girlfriend/fiancee and her son are already living in the U.S. and if they entered legally, then you can marry her immediately in the U.S. and apply for Green...

My H1b is valid for two years. However, when I entered to the US I have received a six month date stamp at my I-94. Why?

It appears simply from the information given that you need to depart the United States before the expiration of your I-94; otherwise, you will be out of status. Your visa will still be good, and you should be able to return to the U.S. You do not have to return to your home country. You simply need to leave the United States and provide the airline or the border-crossing guard your unexpired I-94. You will be issued a new I-94 upon your return and maybe the immigration officer will give you...

When your I-485 was denied is it better to apply again with a waiver attached or do a motion to reopen the case??

First, if you were eligible to apply for adjustment of status with a waiver without leaving the country when you originally filed and have not left the United States in the interim, then you should be eligible to apply again without departing the United States. I am almost certain that you cannot reopen the case because it has been simply too long and the deadline passed. Therefore, the best route would be to apply again, but this appears to be a complicated case, and once a waiver has been...