I file asylum 7 years ago and my case went to the immigration court. Now the removal proceeding has been administratively closed but I'm still not permanent resident status. I learned that since 2016 I601 has been extended to job applicants sponso...
First you need to find out if you even need the waiver. When did you first fall out of lawful status? When did you file your asylum application? Have you ever worked without authorization?
If you filed your asylum application less than 180 days after falling out of lawful status, and you never worked without authorization, then it's possible you don't have enough unlawful presence to trigger any bar should you depart the U.S. to apply for an employment-based immigrant visa. This is because the period of time that your asylum application was pending, which includes the period of administrative closure, does not count towards unlawful presence.
If you do need a waiver for unlawful presence, you'll need to document extreme hardship to a qualifying relative, which is a spouse or parent who is a green card holder or U.S. citizen. Do you have any qualifying relatives for the waiver?See question
My mom is on visiting visa. she arrived about 3 weeks ago. she is 74 yrs old. how do I go about adjusting her status. I really want her to spend more time with my first child that is 9 months old. I don't want her being here as illegal immigrant. ...
Are you a citizen of the United States?See question
I married my Ghanaian husband almost two years ago in Ghana. He is now here in the US, but on a tourist visa. His visa will expire in 2 months. We love each other so much and our families are so happy for us, but we were told our 30 years age diff...
Are you a US citizen? If so, did your husband disclose his marriage to a USC on his tourist visa application?See question
My mom applied for asylum when I was 14 years old and didn't show up to the hearing so the judge issued a deportation order for our family I wasn't aware of this until a few weeks ago. In 1998 I got married and was able to adjust my status, I'm no...
How sure are you that there was a deportation order? This must have been in the 80's or very early 90's, correct? You're a U.S. citizen now, and while the government could, theoretically, try to strip you of that status, denaturalization proceedings are rare. The government would need to prove that you committed fraud in the naturalization process. Your application contained untruths, if you were, in fact, deported in the past, but you may have a defense that your misrepresentation was unknowing. That being said, it might be a good idea to try and get the old deportation order reopened and terminated. But it's a delicate situation, right? If you try to get the case reopened, then you will necessarily be alerting the government to the misrepresentations on your citizenship application. Treat this situation carefully, and start by consulting with a good immigration attorney in your area. You want to make sure that even in the worst case scenario, in which you lose your citizenship, you will have sound defenses to removal in proceedings. Good luck.See question
I have already adjusted status for my wife who has received green carg already.
Are you a citizen of the United States?See question
My brother is a resident and was convicted of a felony fir burglary. He did not do any jail time. He complied with the court orders and paid the restitution.
Was this crime committed before or after your brother became a resident? If before, was the crime disclosed on your brother's green card application?See question
I have a green card, which signifies me as a legal resident. I am currently on probation for a misdemenor assult (no finding on family violence) and a dwi. I have 1 year left on probation, but i have paid all legal fees and completed community s...
Your deportability may depend on the exact wording of the criminal statute at issue and various administrative and judicial interpretations of that statutory language, the maximum possible sentence for the offense, and the date of your admission to the U.S. I'd encourage you to take all of your immigration and criminal documents to a good immigration attorney in your area for an in-depth consultation. I hope the news is good.
I have lived in the US LEGALLY since 2001. I am a legal permanent resident, I am now divorced with one child, who was born in this country . I have 2 DWI 's on my record , so I am considered a criminal with 2 misdemeanors. Am I at risk of being ...
Donald Trump has not changed the immigration laws. You were not deportable under the Obama administration, nor are you under a Trump administration.
What Donald Trump has done is expand the list of enforcement priorities, so that certain people who could have been placed in deportation proceedings under Obama, but weren't as a matter of discretion, are now priorities for ICE.
Imagine if you were in the U.S. without documents, and you had been living here a long time. Under both Obama and Trump, you would not be a priority. If ICE happened to encounter you, they should, as a matter of discretionary policy, ignore you, so that time and money can be spend on individuals who pose more of a concern.
Now imagine that you were here without documents and you had a conviction for careless driving. Under Obama, you'd continue to not be a priority. However, under Trump's executive order, you would be considered an enforcement priority.
Now imagine that you were here without documents, and you had the two DUIs. Under both Obama and Trump you would be a priority for deportation. Under both administrations, if an ICE agent encountered you, she should, as a matter of discretionary policy, tell you to see an immigration judge in deportation proceedings.
Now imagine that you're a green card holder with those two DUIs. You're not deportable. Therefore, you're not a priority under either administration. Would would be the point of putting you in deportation proceedings if there is no legal basis for a charge of deportability.
That being said, you're right to worry about the things Donald Trump is doing with immigration, and what a Republican-controlled Congress might do to the current set of laws. Since you have been a green card holder for so long, I would encourage you to look into naturalization, so that you can be safe from any future changes to our laws.
Best of luck.
Was brought to USA when I was 1 year old. I was influenced by bad companions and resulted in a dui. Time was served and was handed over to ice. I am a good citizen. No trouble before or after the incident . How can I remain in the USA with immigra...
So, from your question it sounds like you are about 28 years old? And you have been in the U.S., without any absences, for about 27 years? And you have a son born in the U.S.? And a younger brother? And you have a recent DUI, but no other criminal issues? It sounds like you might meet the threshold criteria for cancellation of removal. If you can establish an extraordinary level of hardship to your U.S. citizen son, the Immigration Judge might grant your case, making you a lawful permanent resident. While you are waiting for your final cancellation hearing, you will be protected from deportation and you will be allowed to apply for work authorization. I'm assuming from your question that you are not currently being detained by ICE?See question
I have been here since before I was 18 (b1/b2 overstay), and my understanding is that unlawful presence does not accrue until after 18 years old. Unfortunately I was not able to get DACA before 18 and it has been more than 60 days so a 3 year ban ...
The three year bar is triggered by 180 days or more of unlawful presence, but less than a year, followed by a departure from the U.S. The ten year bar is triggered by a year or more of unlawful presence, followed by a departure.
At the current moment, you have neither the necessary amount of unlawful presence, nor a departure from the U.S. following the accumulation of unlawful presence, to trigger either the 3 or 10 year bars.See question