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|Thomas M. Cooley Law School||Law|
|Honors: Graduated Cum Laude Received Michigan Bar Section of Taxation's "Excellence in the Study of Taxation" Award|
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Q. If my mum was born in usa.and left when she was 3 years oldwould I her daughter.have claim to usa citizenship..
A: You should consult with an experienced immigration lawyer about the specifics of your situation, but as a general matter children of US citizen parents can acquire citizenship at birth even if they are born outside of the US. In order to claim their US citizenship, these children must apply for a Certificate of Citizenship. Whether or not you are eligible to do this will depend on the specific facts of your situation, and is something that can't be answered through brief online inquiries like this, which is why you should speak at greater length with an experienced immigration lawyer.
Q. I am writing a novel and one of my characters is from Peru, recently relocated to the states with her two children
A: Peru is not a visa waiver country, so no matter what kind of status your character came to the US on she would need to apply for a visa. If she wanted to come as simply a tourist, she would need a B-2 visa, and she would be unable to work on that status. Her children would each also need to get the same visa to come with her. She would also be granted entry for six months with that visa, and that period could possibly be extended for a second six months, but then she would have to leave. If she comes into the US on a B-2 visa, then later marries her boyfriend and files for a green card, she may face difficulties in the green card process. If she wanted to come to marry her boyfriend, she could get a K-1 fiancee visa. That visa requires that she marry her fiancee within 90 days of entering the US, and can allow her children to get derivative visas to accompany her. Once she's in the US and married to her boyfriend, she can request an adjustment of status to get a green card. Hope that helps.
Q. afraid to go back in home country
A: You need to meet with an immigration lawyer in your area who is experienced with asylum claims. From what you describe, it doesn't sound like your situation fits the requirements for asylum, but you need to speak with an attorney who can get the whole story from you to get an opinion on your chances of success in an asylum request. Asylum is a complex area of immigration law, and a brief summary of your situation like you've provided isn't enough to determine your chances.
Q. immigration law
A: From the situation you describe, you potentially have a few issues. If she enters the US on a non-immigrant visa with the intent to marry you and file for a green card, she has lied to the agents at the border by claiming to be coming to the US without the intent to immigrate. It is also impossible to predict USCIS processing times, or specific processing times for a given case, but at the moment their estimate is 5-6 months of processing time for adjustment of status. Because of the issues with your situation, it's in your best interest to consult with an experienced immigration lawyer in your area so they can get a good picture of your situation and advise you of your options and the problems you may face.
Q. My friend left country voluntarily when asked to leave and has left already but time later we recieved a letter.
A: To get a full answer to your question you should meet with an immigration attorney in your area so he can get a full understanding of your situation, but as a general matter, if your friend was asked to leave as the result of deportation proceedings he is very likely now inadmissible and will not be allowed back into the United States even for a green card interview. But like I said, you need to talk to an experienced immigration attorney so they can get the whole story and advise you about your options.
Q. been out of f-1 status for 3 yrs can I get in trouble for applying at the same school will they verify lawful presence
A: If your F-1 status has lapsed, your SEVIS code will be invalid, and the school will discover this during the application/enrollment process. This may also alert USCIS to the fact that you're still in the US and may cause them to look into your current status, a process which will likely end in deportation proceedings if you have no valid immigration status now.
Q. I'm getting married soon,but not applying for a green card yet.I'm i in danger to get deported since I'm over stayed?
A: Yes, because you have overstayed your visa you are deportable. Being married to a US Citizen doesn't change this fact. Once you are married, you can still adjust status to get a green card, but it will be more complicated because of your overstay and it's worth your while to get help from an experienced immigration lawyer. Until you file your adjustment of status request, you will remain deportable, even in spite of your marriage to a US Citizen.
Q. My wife was brought illegally at the age of 3 we have been married for a year I'm a us citizen, how can I petition her?
A: You can petition for a green card for your wife on the basis of your marriage, but because she is on DACA the process will be more complicated and it is in your best interest to work with an experienced immigration lawyer on this.
Q. My daughter file immigrationpetition for my 12 year old son.he is in the US vacation can I filethe adjustment of status
A: To get a full, specific answer for your question you would really need to speak to an attorney who you can describe the entire situation to, but as a general matter if you have an approved immigrant visa number you can file for adjustment of status.