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Lisa Ellen Seifert's Answers
- 33 Legal Answers
- 1 Legal Guide
4
Attorney answers:
Immigration law
The law is federal, as my colleagues have stated. However, it may make a difference as to where your case is processed. You could search online about this, and I am sure there will be different experiences in different cities. Most family based cases conclude with an interview, and some offices are known to follow certain practices. It should be consistent in every state and office, but it seems not to be.
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Attorney answers:
Misdemeanor (CIMT) and citizenship- is this possible?
First, in order to qualify for eligibility to naturalize, you must have a clean record (no convictions for CIMTs) within the past 5 years. Older crimes can often be forgiven. But the crimes you mention could be considered to be aggravated felonies -- under the immigration law, perhaps not under the law where you live. With that kind of crime in your background, I strongly recommend you talk to an experienced immigration lawyer BEFORE you think about applying for citizenship. Its not...
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Attorney answers:
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Do i need an immigration atterny?
You have a very difficult, maybe impossible situation. Your husband could be deported without any hearing if he had one before. These situations are so complex that no one can seriously help unless you see an experienced immigration lawyer, with all of the relevant documents and history. Our office is nearby. Give us a call after looking at our website for information. www.seifertlaw.com.
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6
Attorney answers:
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Immigrant question
Yes there is. Since 1986, all employers are required by law to verify the employment eligibility of all workers (not just foreigners) on form I-9.
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4
Attorney answers:
Hello! my husband is illegal immigrant who came 10 years ago through tourist visa. is it possible to go to court and get GC
No, its not possible to go to court to get a GC. But the good news is that once you become a U.S. citizen, you can file a petition for him and he can obtain a GC. There is no "10 year" program to get a GC. However, if he is arrested, and ICE starts a removal case for him, only in that case he could apply for Cancellation of Removal, which requires at least 10 years of residence (with proof) in the U.S., plus proof of extreme hardship to a legal relative. Once you become a resident, you could...
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3
Attorney answers:
What kind visa I have to apply to go back to US?
Its good that you already have an I-130 approved. That is exactly what needs to be filed in order for you to return on a spouse based visa. It may be time for you to start to do the pre-visa interview steps in your case. Look at your I-130 approval notice -- it should tell you how to contact the National Visa Center, supposing that your petition was approved by CIS in the United States. This is the agency that will process the next part of your case. I think it would be a good idea for you...
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5
Attorney answers:
Immigration
First of all, why are you thinking about a K3 visa? Did you know that there is almost no advantage to use this visa compared to regular spouse processing? Either way you will have to find a way to sponsor your spouse. There is no other way. This is the area where people tend to have the most trouble. I recommend that you seek some help from an immigration attorney or an accredited non-profit to help you better understand what you have to do.
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3
Attorney answers:
Immigration consult
I agree that you should not leave to marry before you have settled your immigration status in the U.S. It will be tempting to do that - to travel on your current visa before settling anything, but remember that your current visa is for a temporary purpose - to study. The border or airport inspectors will not believe you are a student or a temporary visitor if you come back from abroad as a married person, which is considered permanent. You could risk being sent back to India without any...
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5
Attorney answers:
Illegal immigrants married to U.S citizen,but expired passport. How to get green card?
Your passport is important, but not so important as your chance to become legal. Many people who overstay legalize their status --and they never renew their passport. You can do this. Please contact an attorney to help you get this done soon. Good luck.
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4
Attorney answers:
AIDS and immigration
HIV and AIDS are health conditions that the U.S. is concerned about. This status may cause serious problems for your boyfriend to enter. The. U.S. recently refused entry to many HIV+ attendees of an international AIDS conferece on this basis. You (your boyfriend) should seek more detailed information from a US immigration lawyer before planning to enter the U.S.
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