form 601? 301? where do I begin. There is no data showing any previous attempt to legitimize his presence.
In addition to what has already been stated, you will also want to make sure your father's case is evaluated for any previous immigration law violations that could impact his case. This goes for criminal convictions as well if he has any.See question
I WANT TO KNOW IF B1 VISA CAN APPLY FOR TPS .
There are very strict guidelines for applying for TPS. Entering the U.S. on a visa (B-1 or other) is not a requirement. Eligibility depends on what country you are from and the deisignated registration period and/or the re-registration period. In order to apply after the inital registration period closes one of the following conditions must have existed during the initial registration period for the most recent designation for your country:
You were a nonimmigrant, were granted voluntary departure status, or any relief from removal;
You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal;
You were a parolee or had a pending request for re-parole;
You were a spouse of an individual eligible for TPS or you are still the spouse of that person who is currently eligible for TPS; or
You were and remain a child of an individual eligible for TPS.
You must file your TPS application no later than 60 days after one of these conditions ends (except for a continuing spousal or child relationship to an individual eligible for TPS). This means that you do not need to wait until a registration or re-registration period opens for your country
He is illegally here in the U.S so doesn't have a license. He got pulled over for doing 36 mph in a 25 mph zone. What will happen when he appears in court and should he take an immigration lawyer?
In general, there is no immigration risk or consequences to appearing in criminal or civil court. The consequences will be much greater if he fails to appear. Usually, Immigration Customs Enforcement officers do not apprehend individuals appearing in court for a civil or criminal matter. It is likely that he will be subject to a fine in order to resolve his case. Only if he is sentenced to time in jail or taken to a police station could he run the risk of being transferred to immigraiton cutody or being interviewed by an officer regarding his immigration status.See question
I-485 or I191
I-191. However, it is important to supplment the form with supporting documentation and evidence to establish eligiblity.See question
I am currently engaged and we are debating whether or not to apply for a fiance visa. He was deported from Florida before I met him (about 5 years ago), but has returned and has worked with the same company now without papers for about 3 years. He...
In order to apply for a fiancee visa he must be outside the U.S. He also needs to apply for an I-212 waiver for his previous deporation. However, if he departs the U.S. to apply for a fiancee visa or any other type of visa he will be subject to a 20 year bar (for his unlawful presence in the U.S. and returning in violation of his deportation) and be kept from returning to the U.S. legally unless the government grants him permission to do so based on extreme hardship.See question