Cynthia A. Irvine's Answers

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

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...

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Spouse came with a visa 22 years ago...

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...

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Plz answer the question.

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...

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F1visa and immigration

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...

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

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...

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

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...