I'm glad to hear that your case is moving forward. It's best to have an immigration lawyer helping you in court but from what you've said it seems you'll have a marriage fraud interview with USCIS and if the petition is approved you'll have a hearing on the green card application in front of the judge. If you entered without a visa the judge might not be able to hear your case. It's important to have a lawyer help with this.
I sympathize with your situation. ICE has concluded that your fiance may be deportable, though it is unclear if it is for this offense or for some other prior offense. If convicted of a deportable offense, he would likely be entitled to an immigration court hearing to defend himself. It would be helpful to know what offenses your fiance was charged with, and how you've concluded that they are not crimes involving moral turpitude or aggravated felonies. Other crimes, involving controlled...
If you are a US citizen and marry in good faith while he is in the US after having been lawfully admitted on a visa, he can apply for his green card and work permit through a process called adjustment of status, unless he has some immigration or criminal violations on his record.
In my experience working with the USCIS San Jose office, cases like this have been successful. Every case is different however, and you should definitely consult with an experienced immigration lawyer to make sure...
Being separated from family is the biggest tragedy immigrant families face.
If you are a US citizen you may be able to petition for them. An immigration attorney can assist you in determining whether you qualify to bring your family over and whether your relatives might face any grounds of ineligibility.
Daniel Shanfield 415-871-0714
It's unclear if you left under a voluntary departure order by the immigration judge or if you just left the U.S. on your own. If your voluntary departure order was violated and became a deportation order, and you subsequently re-entered illegally, you my also face federal criminal consequences. Be careful.
Having worked for UNHCR, I complete ly sympathize with your situation. You should contact an immigration lawyer to advise you on your case to help ensure you can remain in the US and reunite with your loved ones. Our San Francisco office wound be happy to meet with you.
Good question. I don't agree that you would automatically not be allowed back into the United States, as you can apply for a 212(d)(14) waiver in connection with your U visa travel document, and in the future are adjustable under 245(m).
Given how badly you want to see your family, I think it would be a good idea for you to speak with an experienced immigration attorney regarding your ability to travel.