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Can a person who has an unexecuted in abstentia order from 12/2/1998 (who has TPS and has done advance parole, and who has an approved I-130 from daughter file for I-485 or do they have to do a I-212 Waiver with I-485?
If you traveled on advance parole after the removal order was entered then you executed the order (i.e. self-deported yourself). However, be aware that there is a 5 year ground of inadmissibility for failing to appear at a removal hearing without reasonable cause that cannot be waived which may be applicable. Consult with an experienced immigration attorney who can review your case.See question
Hi, I'm a newly naturalized citizen who's been living here for 15 years. I obtained my LPR status through my husband 10 years ago. I need to apply for citizenship for my 15 y/o daughter whose status is asylee, because my husband was a persecuted n...
Based on these facts and assuming that your daughter is living in your custody, she will automatically acquire citizenship once she becomes a lawful permanent resident so long as she is under 18 years of age. Consult with an experienced immigration attorney for assistance.See question
Canadian citizen came here in 1997 when he was 12 years old with his mother and younger brother. He went to middle and high school here and graduated in 2006. After he graduated his mother applied for him and his brothers papers, but he was denied...
Something about your facts does not add up. For example, assuming your mother was an LPR when she first petitioned for you, the fact that you were 19 would not result in the denial of that petition. Relevant facts are missing (for example, how you would even qualify to pay the $1000 245(i) penalty you are referencing). Consult with an experienced immigration attorney who can review the facts of your case in detail and advise you how best to proceed.See question
We have mailed our R-1 application (religious worker visa) but our church has never gone through the inspection process. How long does it take for USCIS to actually come and inspect the church after the application is submitted? Thank you!
6 to 12 months for a site inspection is typical.See question
I am a British (Scottish) Citizen. I graduated with a BSc in Business from an American University, Summer 2016. I have been on OPT until now. It expires August 2017. I have a job currently, that doesn't THINK they can sponsor me for the H1B,...
This forum is not the place to obtain individualized advice which is really what you're asking for Schedule a consultation with an experienced immigration attorney who can review your case in detail and advise you to what options make sense based upon your specific situation.See question
I'm 35 years old. Came to the US with a visa w/my mother at 16 (overstayed visa/was inspected/no criminal history). She filed asylum for both of us & it got denied. She left the country willingly and left me behind with relatives to complete schoo...
There are a couple of different ways to resolve the deportation order in your case. One is to seek to have your cade reopened before the Immigration Court and severed from your mother so you can apply for adjustment of status before the Court. Due to the age of the order of removal this will most likely require ICE to join the motion to reopen.
Another option is to utilize your TPS status to obtain advance parole and effectuate the deportation order, the file a request to have the deportation period of inadmissibility waived. This sounds more complicated then it is if handled correctly, but whether it is right for you will depend on the facts of your case.
Consult with an experienced immigration attorney who has experience dealing with both off these options. He can explain to you the positives and negatives of both and help you in determine the right way to proceed.See question
Hi, my name is Luis and I am married to a US Citizen. I wanted to do everything right, so I went to an attorney and explain the situation. The attorney said that he can't help us. Back on 12/14/2009 I was stupid enough to help a friend to pick up ...
From what you describe, one charge was dropped and the other may fall under he petty offense exception. More facts are needed before a final conclusion can be made. Even if your theft conviction renders you inadmissible, it appears that as a result of your marriage to a U.S. citizen you are eligible or a waiver of inadmissibility. Consult with another attorney who has extensive experience in U.S. immigration law.See question
I have worked under the table for 6 years at a restaurant because I am an illegal Immigrant. I am now in the process of becoming a permanent resident of the USA, and have my immigration appointment coming up next week. I was curious as to how to a...
The fact that you have worked unlawfully while in the United States may or may not be relevant to your case. For example, in an immediate relative case, unauthorized employment is generally irrelevant. Not so for a preference case. Hopefully you have an attorney representing you and if so this is a question you should be asking him or her. Otherwise, I suggest you retain counsel to review your case and attend your interview with you. Providing false testimony to an immigration officer can result in denial of your application and a permanent bar to any future immigration benefits.See question
I have visa F1, my husband has E2. Can I change my status here or I have do go to my country?
Generally speaking, assuming you are maintaining lawful F-1 status, you can request USCIS to change your status in the United States to an E-2 dependent. Keep in mind, however, that if you thereafter depart the United States you will need to apply for an E-2 visa at an American Embassy or Consulate to return in E-2 status. Consult with an experienced immigration attorney for more information.See question
On 2008 I came to study and work and I have a SS# that says it's valid for work only with DHS authorization, I returned to my country and 7 years ago I came with a tourist visa and I stayed more than my permit allowed me, I'm currently working and...
The social security number assigned to you is yours for life. Whether you are working legally or illegally you are responsible for paying income taxes. Simply put, Uncle Sam wants his money. You can and should file your tax return using your social security number. It is the job of the IRS to collect tax revenue, not enforce the immigration laws. Properly filing your taxes is indicative of good moral character and can only help you in the long run immigration wise.See question