Skip to main content
Shannon M Underwood

Shannon Underwood’s Answers

5 total

  • Legal or illegal ??

    If someone comes into the country with a visiting visa then marries a citizen are they eligible to stay when visa expires? What do they need to be able to seek employment?

    Shannon’s Answer

    The law does allow an individual to apply for lawful permanent residency within the US if they entered on a visitor visa and later married a US citizen. There are many factors that determine whether or not the individual is eligible to become a resident (including financial, medical, criminal, etc.). In addition, if the government believes that the person intended to stay in the US at the time they entered on the visitor visa they could be denied or accused of committing fraud which would mean they would have to file for a waiver. If the individual is eligible, the paperwork can be filed as soon as the marriage takes place and they can receive work authorization approximately 90 days after filing. I strongly recommend that you consult with an immigration attorney to begin this process.

    See question 
  • I got divorce and i only 2 years greencard.can i get aprroved on my greencard for 10 yrs?

    i applied for removal of condition on my greencard after divorce...while my papers on process i got married again? how my second married can affect or help for getting my 10 yrs greencard?

    Shannon’s Answer

    An individual must ask for removal of the conditions of their residency jointly with the spouse who petitioned them if they are still married (unless there has been abuse) OR they can ask for removal of the conditions without the spouse if they are divorced at the time the I-751 is filed. A separation is not enough, there must be a divorce. In order to receive approval of the I-751 you must show that the marriage was a real marriage (not just based on immigration status) at the time you were married. If you have remarried, this will make immigration look even closer at the first marriage. Your I-751 must be approved, you cannot simply rely on the second marriage to start the process over again. I strongly recommend that you consult with an immigration attorney to assist you in the remaining process you have with immigration.

    See question 
  • Dui and being deported please help

    hey all if some one get hold for dui will that state dui record go to immigration record like when im entering back to the usa will they see that will i be in trouble what could happen is sate law an federal law different or it will show u...

    Shannon’s Answer

    Crimes, whether state or federal, can have an impact on someone's immigration status in many ways including inadmissibility, deportability, or lack of good moral character. Whether or not your criminal record will impact entering the US in the future depends on your status. I recommend that you consult with an immigration attorney who is familiar with criminal law before traveling outside of the US in the future.

    See question 
  • How do i know if the crime subjects me to deportion?

    all my paper from the court doesnt talk about deportion and the judge told me to go back on 2010 to file to clean my record

    Shannon’s Answer

    Certain crimes can make an individual inadmissible or deportable from the United States. Judges in criminal courtrooms often do not know the impact a conviction may have on the immigration status of an individual. I highly recommend that you consult with an immigration attorney, who has experience with criminal issues, to determine 1) what impact your criminal history may have on your immigration status and 2) if there are any steps that need to be taken to change your criminal history to make it safer for your immigration status.

    See question 
  • Immigration - Famliy reunion

    Can I file for my adopted daughter with boiligical kids even thought I haven't listed as my child on papers i filed when I was seeking Asylim? When I was listed my kids on my earlier papers I understood that it meant on you boiligical kids which ...

    Shannon’s Answer

    This depends on many factors. Generally, a United States citizen parent may file a a petition for their adopted child to become a lawful permanent resident if the child was adopted while they were under 16 and they have resided in the legal custody of the adopted parent for 2 years. The child must be under 21 when the petition is filed. Depending on how the child entered the United States (with or without inspection) they will either receive residence in the US or have to go overseas to receive their visa. The government will likely want to know why the child was not placed on the other immigration forms, however, you can offer an explanation for this. If the adopted child becomes a resident before they turn 18 through sponsorship by the US citizen parent, they will automatically become a US citizen as well. This is a complicated area of law and I highly recommend that you seek the advice of an immigration attorney.

    See question