Vidal Luis Cordova Jr.'s Answers

Have used up my 6 years of H1B. Back in my home country for 2+ years. Can I still get H1B? Thank you.

Once you use the maximum 6 years of H status, you are required to spend one year outside the U.S. before being able to apply for H status again for a new H period. You will need an employer to submit a new petition on your behalf. Whether or not your are subject to the cap will depend on the job opportunity and the petitioning employer.

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Immigration

Your fiance would not be adjusting under 245(i). That provision is designated for persons who entered without inspection and had a petition filed for them no later than April 30, 2001. You may consider the K-1 fiance visa, which requires the couple to have the intent and ability to marry upon the fiance's arrival into the U.S., and which requires the marriage to be finalized within 90 days of entry on the K-1 visa. If you marry your fiance abroad, you may then file the I-130 petition with USCIS...

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Permanent residency through marriage

Careful on leaving the U.S. as based on your fact pattern, you may not be able to re-enter. Sounds like you have overstayed in the U.S. for over a year, which would trigger the ten-year bar to your being readmitted. You should not leave the country. Whether you can adjust in the U.S. will depend on whether you were subject to the 2 year residency requirement under your J-1.

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If my husband only talked to a immigration officer at his appointment date and was told he could not come back for ten yrs?

Dear Irene, If your husband was unlawfully present in the U.S. for an aggregate period of more than one year, and he subsequently left the country and re-entered "illegally," he will not be able to enter the U.S. until he has been outside the country for 10 years. This is commonly known as the "permanent bar" because there is no waiver available to apply for admission within the 10 years.

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How long well they have me on hold

When a person is detained by law enforcement under criminal charges, ICE may place a hold on the person during the pendency of the criminal proceedings. Once the criminal proceedings are complete, law enforcement may then transfer the person to the custody of ICE. Whether or not you are eligible to be released from immigration detention will depend on a number of factors, including the charges of removal against you, whether you are subject to mandatory detention, whether you are eligible and...

Immigration question on TN and TD visa

Your visa and your I-94 are two different documents holding different significance under the immigration laws. If your TN visa expired but you are still in valid TN status, then your son's dependent status is still valid, assuming his I-94 has not expired. If you are out of status, however, his TD status goes hand in hand with yours, and thus, will also be invalidated automatically. If the visas expired, you will need to obtain a new one at the consulate in Mexico (Canadians don't need visas to...

Can I apply for residency if I'm an illegal immigrant by marrying a us citizen

If you did not have a petition filed by a qualifying relative, or a labor certification filed by an employer by April 30, 2001, you will not be able to adjust your status in the U.S. If you leave the U.S. to seek an immigrant visa at the consulate, you will trigger the 10 year bar to admissibility for accruing over a year of unlawful presence. To return to the U.S. you would have to qualify for and secure a waiver, which is not an easy feat. Your best bet may be to stay put and hope and pray...

How does an illegal immigrant go about becoming legal

Depends what you mean by "illegal immigrant." Normally if you entered the U.S. without a visa, i.e., undocumented/illegal, you will have had to had a petition or labor certification filed on your behalf no later than April 30, 2001 to be able to adjust under what is known as 245(i). Since it looks like you've been in the U.S. since 2005, the question is whether you entered the U.S. with/out a visa. If you entered with a visa and overstayed, you may be able to adjust nonetheless if you are...