Barbara Ann Williams's Answers

Can he expedite for the Vawa and U-visa. im willing to move to mexico with him...

I can certainly empathize with what you are going through as your situation must be very difficult. It appears your partner has representation but given privacy issues, you may not be privy to issues or communications going on in the case. It may be more beneficial to have your partner discuss any options for expediting his case with his attorney. If there are issues you feel the attorney is not addressing, it may be helpful to seek out a second opinion, but bear in mind that the attorney...

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I have a green card. If I had a warrant would I have been stopped at the airport by the police? They take fingerprints

CBP at the border is not only stopping immigrants with warrants but also US Citizens with outstanding warrants and contacting the enforcement agency which issued the warrant. It is not advisable to travel outside the US if you have outstanding issues particularly of the criminal nature variety. This is a sure way to end up in removal proceedings fighting to keep your green card.

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My husband is petitioning for me. He is filling out form I-130 and form G-325A. For form G-325A, can I add other information?

It would suffice to include information that you have been attending school during the 5 year period. Assuming an interview for the petition or an application for permanent residency, you can certainly clarify for the immigration officer that you are or were a student. There is no requirement that you be employed as an applicant, only that you will not become a public charge, hence the requirement for the sponsor to complete an affidavit of support on your behalf.

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GC through employment and asylum

Because you are dealing with two very different areas of law, you are best advised to consult with an experienced immigration attorney who can take the time to help review your options under both the asylum and employment based green card aspects. Unfortunately in this unstable economic climate, an RFE for employment based cases is quite common.

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Illegal immigrant marrying US citizen. How can we apply for residency for illegal immigrant?

Under current US Immigration Law, you are left with few options if you are indeed undocumented and came without papers (EWI). While ordinarily marrying a US Citizen would put you ahead in line for a green card, you will likely be unable to apply for a green card administratively without leaving the US and processing at a consulate abroad. However, voluntarily departing the US even to consular process will pose huge problems for you as under 212(a)(9)(B)(ii) of the Immigration Act, you will...

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Remove the condition residency to permanent timeframe? exact date?

The law requires a person to the I-751 to file within the 90 day period prior to the expiration with a few exceptions. Whether you are okay to travel depends on whether you remain admissible or otherwise impacted your eligiblity for conditional permanent residency. I agree you should consult with an experienced immigration attorney prior to any travel outside the US to avoid problems when trying to seek permission to re-enter.

Ho long should I expect my wife to stay in Mexico while she waits to get her visa?

It sounds as if she may need a waiver for the unlawful presence which can add a few weeks to several months depending on how well the waiver packet is prepared and if additional information becomes necessary before USCIS can reach a decision. The waiver process is complicated and if not prepared correctly it can lead to considerable delays before her return. Also different consulates process these types of cases differently which could also impact the waiting times. I would strongly...

How can i(citizen) bring my brother who is unmarried to USA,he is 30 year old.His visit visa was rejected couple of times..

US Citizen siblings can petition for their brothers or sisters by filing form I-130 and having the individual consular process when a visa becomes available. As for his prior visa applications - - I assume these are non-immigrant visa/tourist visa applications - - it may be that he failed to adequately demonstrate that he has significant ties to his home country (family, career or job, school, real property) to warrant his return. Also, other family members who have received visas but may...

How can i(citizen) bring my brother who is unmarried to USA,he is 30 year old.His visit visa was rejected couple of times..

US Citizen siblings can petition for their brothers or sisters by filing form I-130 and having the individual consular process when a visa becomes available. As for his prior visa applications - - I assume these are non-immigrant visa/tourist visa applications - - it may be that he failed to adequately demonstrate that he has significant ties to his home country (family, career or job, school, real property) to warrant his return. Also, other family members who have received visas but may...

I am holding B2 visa and my husband is working on OPT.He has applied for H1b this april the same is on hold reason not known yet

The problem of entering the US on a B-2 is intent. If you can establish that your intention on entering the US under the B-2 is to visit and that you plan to return before your authorized stay expires, then you will be allowed entrance. If your husband is currently an F-1 student (pending the outcome of the H1B visa petition), you should be able to enter the US as a dependent in F-2 status. However, once the H1B petition is approved, you would need to obtain a change of status to H4. It...