Assuming she only entered the U.S. illegally once and has remained, if you were married after your I-130 is approved she would be eligible to file an I-601 waiver under the "new" stateside procedures and apply for an immigrant visa at the American Consulate in San Salvador. I have successfully handle many such cases. However, you must use a qualified immigration lawyer because if it is not done right she could get "stuck" abroad for 10 years.
Certified Immigration Law...
Anyone with a criminal record (or who has ever been arrested) should see a competent immigration lawyer before filing a DACA application. Remember, applicants with certain types of conviction (e.g. DUI) may end up being removed (deported) because the file a DACA application which brings their criminal record under CIS scrutiny.
How can I disagree with an such an esteem attorney as Mr. Bejar. He's 100% right. However, given that you will have made 3 entries in a period of 7 months (December with the RP, March and July) and have a very strong argument/reason that you do not and never intended to abandon your permanent resident status (e.g.: you were attending school abroad) I don't think you have to worry that there would be a finding that you abandoned your lpr status. Make sure you maintain and "renew" your ties to...
First, you are really on top of this as the decision just came out yesterday.As stated in th blog by Benach Ragland LLP (link below):
It is unclear whether the Government will ask for cert. from the Supreme Court. It has 90 days to request cert. If asked for cert, the Supreme Court may or may not deny it. If it denies cert, the decision will still be law in the 9th and 5th circuit. Young people who have been aged out and thrust into removal proceedings may be able to adjust their status...
If the charges were dismissed by the DA then there should be no problem - although you will need to submit a certified copy of the court record at the time of the interview.
Certified Immigration Law Specialist*
Law Offices of Tasoff and Tasoff
16255 Ventura Blvd. Suite 1000
Encino, California 91436
Not too my knowledge. Maybe you can Google it. Some lawyers will talk to you on the phone before you make an appointment to see if you "qualify" for a free consultation. In otherwords if you qualify for a benefit (married to U.S. citizen, have college degree and here legally, etc.). However, immigration law is by no means a simple area of law. Knowledge and experience count. Would you want to go to the cheapest doctor or the best? Its your life. How important is it to you to get unbiased...
Why would you want to hire a lawyer in Texas when the interview will be in California?
Of course, you could pay the lawyer in Texas his fees and travel expenses to come to California or he could retain local counsel. This is often done but is not cost effective. Lawyers usually expect to be paid their hourly rate (or fixed fee) for the time they are away from their office and all their travel expenses.
However, if you dont already have an immigration case being handled by the lawyer in...
It is always good advice to keep all legal documents in a safe place for as long as possible. You never know if you might have to use them to prove something sometime in the future. BTW, to satisfy the 2 year residency requirement the former J-1 exhange visitor must have resided for at least 2 years in his/her home country OR obtain a waiver (which is not that easy to get). You will need to prove that at your adjustment of status interview.