And what are the requirements in imigration
Section 245(i) refers to a section in the Immigration and nationality act which allowed certain people to stay in the U.S. to process their green cards instead of having to go back to their home country. It basically said that if you have a way to get a green card but for the fact that you don't have status, or entered illegally, then pay $1,000 to the U.S. government and all your immigration sins will be forgiven and you can proceed to getting your green card. The last day an application could be filed to take advantage of this law was April 30, 2001. It still helps people who were beneficiaries of applications (I-130 or I-140 or Labor Certification) including any derivative beneficiaries filed on or before that date. There is more to it than that, but that's an overview. To see how or if this law applies to your specific case, you should talk to an experienced immigration attorney.See question
Would that be a ploblem ?
Hard to say based on the little information you provided. It may depend on how you entered the U.S., whether or not you can get a joint sponsor (because you husband doesn't appear to make enough money to satisfy the support requirement). Whether you have other possible inadmissibility issues like criminal offenses or immigration violations, what your husbands status in the U.S. is (citizen or permanent resident). In other words, make an appointment with a reputable attorney and discuss these things. It's not a simple yes or no question.See question
From my understanding in PERM process, my business has to sponsor the foreign worker before he can enter U.S. to work for me. What documents do I need to gather from my business to sponsor a foreign laborer? .
I don't mean to be flippant because I think there is a lot of helpful advice on AVVO. But this is an area that is highly specific to the needs of the employer and very complex. Anyone attempting to do this without an experienced attorney is making the same mistake as someone trying to do their own root canal. Get someone who knows exactly what they're doing, understand it's going to cost $$$, understand there will be a protracted delay, but get the facts first.See question
Im U.S citizen we have been married for three years and we have a baby. Ive heard if I do it she still has to go back to her country to fix her papers, so how long it will take? Thanks
The problem is that if your wife leaves the U.S. to process her case, AND she has lived in the U.S. for over a year following her unlawful entry, she is required to wait outside the U.S. for TEN YEARS (the 10-year bar). To get around the 10 year bar, she has to file for a waiver. The way things work now, the waiver will have to be filed at the time of her interview. The change mentioned by Mr. Shusterman refers to a plan to allow for advance filing of these waivers, so that when she goes to her interview her waiver will hopefully already be approved.
All this is complex and you should get a detailed consultation from a reputable, competent attorney. The new processing method has not yet been finalized and so Mr. Shusterman is advising you to wait until it is, then proceed. I agree.
My wife came to the united states ilegally. We got married three years ago and now we have a son of 4 months old. I really would like to help her so things can easier for her. Please if u can give a advise of what is the best to do in this case. I...
Because she came in illegally, she will probably need to return to her home country to process her papers. Unfortunately this will be a slow and complicated process. You should consult with a competent attorney on this because there is a lot of information that needs to be shared.See question
I live in Van Nuys, California.
i got the final decision on 19 th november, 2011. my school ad visor said i need to get a new i20 first, if i dont get it, they will not let me to register for classes. but now is 5/16, i am still in us, do the uscis still give me a new i20? it wa...
This doesn't make any sense. The school issues the I-20. I would go back to the DSO at the foreign student office and get clarification. I don't see how you would get reinstated without a valid I-20.See question
I don't have the money to put her in school as an international student and i really want her to be legally living with me. I could adopt her or anything i have to do. But how? She is turning 18 in 9 months. She is from germany.
If you're thinking of adopting her you must do so before she turns 18. You have time if you start soon. Then you have to wait for two years before you can file for her as your adopted daughter. Any period of being out of status will not affect her visa processing as long as she stays in the US. Best to talk with an attorney.See question
Hi, I need help on the best way to deal with this matter!! I am from the UK and I am 32 years old and have been with a lady for 3 years now who is 27 years old and is from Las Vegas . I am now married to her and want to move to Las Vegas to be...
Unfortunately you have disclosed in a very public fashion that you would like to enter the US as a visitor, assumably on the visa waiver program then remain in the US while you process your immigrant paperwork. This is called preconceived intent and is seen as immigration fraud (since visitors are nonimmigrants). If people enter the US as nonimmigrants, then later change their mind about why they are in the US, they can file papers to adjust their status without leaving and get their green cards in less than three months after they file. But when they enter as tourists while hiding their intent to immigrate, it's a problem. I think you need to have a talk with a Good experienced immigration lawyer. But it looks like you will need to wait in England while the consular process takes place unless I'm misunderstanding what you said.See question
I read an article, when a refugee applis for U.S refugee travel document the uscis sends his or her information to the destination country which refugee wants to travel what type of information will be shared? biometric data ? Thanks
I don't believe this is true. In fact, I believe it is a violation of law for USCIS to communicate with the home country of someone who is filing or has filed for political asylum. I can't quote the regulation off the top of my head, but I'm 99% certain that there is a prohibition against releasing information to the home country.See question