In most cases, someone who has been ordered removed (also known as deportation Order) by an Immigration Judge cannot then apply for a green card even if they are married subsequently to a citizen of the USA. in most cases (there are some exceptions), A person ordinarily must first need to file a motion to reopen with the Immigration Court and have it then approved or granted by an Immigration Judge. Thereafter, a person may then attempt to proceed with his or her adjustment of status application with USCIS.
Ordinarily a person who was married less than 2 years at the time their green card is granted through the marriage with a citizen of the US will be granted a Conditional Green Card valid for 2 years. When it comes time to file for the permanent green card and remove the conditions, a person will need to file form I – 751. Usually, this application will be filed jointly with the spouse. However, as not all marriages last forever, immigration law does allow certain individuals who were divorced to file this without their spouse signing off on the application. One of the ways an applicant can do this is if they are divorced. I will not get into the specifics for purposes of this post due to limitations in this forum.
In cases where a person is in a marriage where the spouse is abusive to him or her, the person may be able to continue filing for the green card without the USC Citizen or green card holders assistance or involvement. This abuse may contain many forms. So whether the abuse is emotional, mental or physical, a person may qualify. In many cases, there may be no police reports or arrests. Immigration law understands that alternative evidence may be used to prove the abuse. Speak with an experience immigration lawyer to find out your or your loved one’s rights.
My Green Card application has been pending for years, can I sue USCIS Immigration DHS?
In some cases, the length of time a case remains undecided by Immigration USCIS DHS to decide a case is unreasonable. When someone has done everything on their part to try to get Immigration USCIS DHS to decide their application and yet they wait and wait…. there may come a time when the only remaining option is to file a federal lawsuit against Immigration USCIS DHS through a Mandamus lawsuit. The goal is to have a Federal Judge force Immigration to make a decision.
A very common question that our law firm gets “How can I get employment work authorization?” In general, employment work authorization is provided during while another type of application is pending, such as green card application via adjustment of status. Ordinarily, and absent few situations, and employment authorization is provided during the pendency of another type of application and/or petition.
I just completed my adjustment of status interview (application for a green card interview) based on my marriage to an USA citizen. At the end of the interview, I was given a document requesting more evidence because of an arrest. Will my arrest records affect me getting a green card?
When it comes to criminal issues and filing for a green card, it is extremely important that a particular person with an arrest record for a criminal offense speak with an experienced immigration lawyer. There are certain criminal offenses which may affect the possibility of an approval. There are some offenses that may outright be a bar for getting a green card approved. There are also some offenses that may allow a person to apply for a waiver, which essentially is a pardon. So, depending on the nature of the offense and the totality of the criminal record which may affect good moral character, it is always wise that you speak with an immigration lawyer before you even file the case. The actions taken or not taken may directly impact the results of your case, as well as a possibility that you might be placed in removal proceedings.
I have been in the United States for 10 years. Recently DHS Immigration ICE contacted me and put me in deportation. I have a hearing coming up in front of the Immigration Court Executive Office fire Immigration Review at 26 Federal Plaza, New York NY with an Immigration Judge. I am from a country that punishes people for free speech and does not tolerate any criticism of the government. I have never requested asylum before. Can I still apply for asylum even though I have been here a long time?
Although there is a requirement that asylum applications should be filed within one year of entering the USA, the law does allow for exceptions to the 1 year rule. There are exceptions that may make a person eligible for asylum even though it’s been more than a year. However, even if someone does not have a viable excuse for not filing asylum within a year, they can still be considered for withholding of removal, which will also essentially permits a person to stay in the United States. There are somewhat intricate differences. Speak to an exerienced immigration lawyer that is often at 26 Federal Plaza, New York City.
This is a very loaded question and very difficult to answer in a brief manner. There are many considerations to take when attempting to provide this type of answer to a particular person. Answers to many questions are required before this type of advice can be rendered to someone. How did they entered the United States? What is their current status? Are there any bars or impediments to being granted permanent resident status? Are they currently maintaining status? Has the person at any time violated terms of their authorized stay? There are many other questions that need to be answered. The many avenues that can lead to permanent residency. Some of them are through an employment based petition, through a family based petition, diversity Visa lottery, through a grant of asylum, through a grant of cancellation of removal. The list goes on…
I received a notice to appear in Immigration Court. I am afraid to go back to my country. What can I do with the immigration judge.
So let’s say a particular client receives a Notice to Appear in Immigration Court Executive Office for Immigration Review located at 26 Federal Plaza New York City. The clients first reaction is ordinarily panic. The decision the client makes next can seriously impact the client’s ability to remain in the United States. The decision of the client to hire a lawyer is instrumental. Also, the Immigration lawyer that the client hires may also make a difference in the outcome of the case. At this juncture, the client should likely hire not just an immigration lawyer but an immigration lawyer that has a concentration of cases in that particular Immigration Court. In this particular case, the client should likely hire a lawyer that has many cases in front of the Immigration Court at 26 Federal Plaza New York New York. The client should also do his or her own research and look at the skills and experiences of a particular lawyer or law firm. There is usually no substitute for your own work and research.
An individual who is afraid to return to his or her home country for fear of persecution (fear of being hurt, wrongfully accused, jailed, targeted) may file an application for asylum on Form I-589 with USCIS DHS Immigration. This application can be filed by someone who was previously persecuted and even by individuals who may not have been previously persecuted but who now fear future persecution. How do you prove it? In a perfect situation, a client will show up with a video tape of them being persecuted and with documentary records of the persecution. However, in the real world that’s not how it works. In many cases, clients have nothing except their word. Immigration law does allow for situations where a person’s statement alone, if credible, can be enough. I attached a picture of an approved asylum, which was approved at the initial stage by the Asylum Office DHS Immigration .