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Cynthia A. Irvine

Cynthia Irvine’s Answers

6 total

  • I am a US citizen and I'm looking for a way to fix my husband's immigrant status in the US.

    My husband entered the US with a tourist visa in December of '98. He remained in the US for 13 months and went back to his country in February '00 for a month and came back using the same tourist visa. Customs' agents did question him, but allowe...

    Cynthia’s Answer

    I agree that your husband will likely be able to adjust his status and get his greencard since he last entered on a visa and is now married to a U.S. citizen. However, he may need a special waiver for two possible reasons. First it appears on his first stay he may have overstayed since he remained in the US for 13 months. Typically tourist visas allow entried of a maximum of 6 months. If he overstayed by more than 6 months, he could have incurred a bar of admissibility for 3 years. That bar can be waived with a waiver application. But you would need to discuss in more detail the dates of his entry, allowed stay, and departures in more detail with an experienced immigration attorney to determine for sure if he indeed incurred this bar. Also it is an issue that sometimes the immigration officers reviewing the case sometimes miss. Also you should review carefully with an attorney what statements were made when he reentered and was questioned by customs. If he made any false statements to the customs official, that could incur the need for another waiver. I would recommend that you and your husband go have a consultation with a reputable immigration attorney to review these issues in detail. Just by having a consultation does not obligate you to hire that attorney to complete the matter. But you can at least make an informed decision having discussed the risks and potential complications with an attorney.

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  • Spouse came with a visa 22 years ago...

    My husband came to the US on a visa when he was 2 or 3 years old. I believe his visa expired after all these years and he never returned to Mexico since coming. We have been together for almost 3 years married 2 months and expecting our first. Ho...

    Cynthia’s Answer

    I agree with the previous attorney respose. If he can prove he entered with a visa, and you are a U.S. citizen, it is possible he can file for his green card based on your marriage. He should try to get the original visa he used to enter and then I would recommend you have a consultation with an reputable immigration attorney to review all of the details of the case. Being married to a U.S. citizen does not guarantee him a green card and so it is important to review his complete immigration and criminal history with an attorney before you start presenting his applications with immigration. Just having a consultation with an attorney does not obligate you to hire that attorney to prepare the case. But at least you will have a professional evaluation of the case to know how to move forward.

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  • I got a notice to appear at the court regarding to me be removable, what I should do?

    I'm F1came to US on Mar-05. I got married to US citizen 04-07. While the changing status case was pending, we divorced (11-07) and I and her withdraw the case. I've always maintained F1. I got first OPT work permit Aug-08 and now I'm working and w...

    Cynthia’s Answer

    Just because you are being sent to removal proceedings does not mean you will automatically be removed (or deported) from the United States, but it is a very serious situation that you should handle cautiously. Anyone in removal proceedings should strongly consider hiring an immigration attorney, one who regularly does removal defense, to represent them. You should try to obtain all of the proof you can from your school that you have always remained in valid F1 status - including your transcripts to show that you maintained a full course load. Then take the information and consult with an immigration attorney who can review the Notice to Appear (the notice sending you to removal proceedings) with you and all of your paperwork. It is possible that if you truly are still in valid status that the proceedings could have been initiated in error and that they can be terminated. You absolutely must attend any court hearings that are scheduled for you because if you don't show up they will issue an order of removal without you being there. After consulting with an attorney, you can decide whether or not you wish to retain that attorney to represent you at your hearing or not. There is no obligation to hire an attorney just by having a consultation with them. But I would strongly recommend you try to hire an attorney as you will likely find the court hearings to be a confusing and difficult process to deal with on your own. Best of luck to you.

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  • Plz answer the question.

    I came to U.S. legally with a F1 student visa but I got marry with U.S. resident. but I can't attend college next quarter next month because my husband and I don't have the tuition money. If we file for my green card, am I going to get deported w...

    Cynthia’s Answer

    When you fail to return to college, you will fall out of status and become illegal if you remain in the U.S. However, I still need a bit more information. What do you mean by "US resident"? Do you mean your husband has a green card? If this is the case then while your husband can file an application for you immediately it will be in a category that will likely take years to allow you to get your own green card. This is because as the spouse of a permanent resident you are in a category that only gives a limited number of visas each year. We always have more people applying for the visas than what is available, so there is a long wait. Your husband can file an I-130 which then secures your place in the long line. However it will be several years before you are able to file for your own green card. And during that time, you must maintain an otherwise valid status, such as your F1, or you will not be protected from being put into deportation proceedings. You might try to go speak to your international student advisor at your college to see if there is anything they can do to help you remain in student status. Otherwise you should probably go have an individual consultation with an immigration attorney to review your other options and the risks of your falling out of status in more detail. A consultation does not obligate you to hire that attorney but will be able to provide more individualized advice for your particular situation. One thing you may wish to review with the attorney is whether your husband, assuming he has a green card, can apply for US citizenship. That could make the process for getting your own green card go much faster. But he should review his eligibility with an attorney before filing any application with immigration.

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  • F1visa and immigration

    My wife's F1 visa expires in a month. Can she be deported before her interview if we file all the paper work?

    Cynthia’s Answer

    You have not provided sufficient information to evaluate your case. Are you a U.S. citizen? Have you already filed the green card application for her? If you are US citizen and you are planning to file the Adjustment of Status application for her, then typically once her visa expires, Immigration will allow her to remain in the U.S. while they adjudicate your application. However, she does not really have a specific legal immigration status during this time (such as now she has valid F1 student status). Because she will likely be going out of status before any interview could occur on your application, you should review your green card paperwork with an attorney before filing. Or consider hiring an attorney to represent you and prepare the application. That way you can be assured that you are filing all of the correct paperwork. It is not just one form - it usually involves around 6 to 7 different forms plus documentary evidence so it all ends up being a thick packet. But if not done correctly you are at risk that Immigration would deny the application and since her status had expired, she could be put into deportation proceedings. If you do not wish to hire an attorney, then I would at least recommend that you carefully review the USCIS website and download and prepare all of the forms the best you can and then at least schedule a consultation with an immigration attorney to review them before filing.

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  • Am I eligible to obtain a permanent status (green card)?

    I have 3 daughters who are all US citizens. (age 6, 8, 12) I came to the states w/ a tourist visa last year and remarried to my husband ( we were divorced in Asia and got married for the sake of our children). My status is an illegal alien now and...

    Cynthia’s Answer

    Immigration law does provide several different types of protections for victims of domestic violence. To determine if one of the options would be available for you, more information would be needed. Is your husband a lawful permanent resident or US citizen? If so, then you may be able to petition for your green card on your own through the Violence Against Women's Act or VAWA. If your husband does not have any immigration status, then you may still be eligible for a U visa. The U visa is for victims of certain crimes who have reported that crime to the police and who have been helpful to the investigation and prosecution of that crime. If you have been a victim of a domestic violence crime, here in the U.S., and if you called the police and were helpful to their investigation, then you could qualify for a U visa. If neither of these situations applies to you, then I would need more details to see if there was some other way to allow you to get you green card. However, when someone is already here illegally your options are limited. When your oldest daughter turns 21, she can petition for you but obviously that is 9 years away. Best of luck.

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