Burkburnett, TX Immigration Law Firms & Lawyers

One may enter the U.S. on a B1/B2 visitors or tourist visa only if one has the intent to enter the U.S. temporarily and then return abroad. Entering with the intent to promptly file to adjust status to become a Permanent Resident (to get a "Green Card") is likely to be determined to be "visa fraud," which can have very harsh consequences. It may be permissible, however, to enter the U.S. with a genuine intention to stay temporarily, but later decide in favor of seeking to become a Permanent Resident, but as you can see, details about this can become complex and problematic. There is no substitute for engaging an immigration attorney to learn all of the relevant facts, including your goals, and then advise about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

The normal practice where an individual entered the country legally and has no documentation of entry would be to file an I-102 application to replace an I-94 card. The chances of an entry being located are more where individuals came in by air or by sea. Land border crossings may prove more difficult to prove where a person claims a legal entry. If you are not able to obtain proof of entry, you are not adjustable to permanent residence even if you marry a US citizen unless you have the benefit of §245 (i), under which individuals would have had to have a labor certification application or immigrant visa filed on their behalf by April 30, 2001 and be physically in the cpuntry on December 21, 2000.  If you have neither siyuation, you may still be able to obtain permanent residence outside the US by having the I-130 petition approved, filing and seeing the results of an I-601A waiver application while still in the US, and if approved, going outside for a consular interview which would in all likelihood result in an immigrant visa. The I-601A waiver waives the 10 year bar for being illegal in the US for at least one year and is based upon establishing extreme hardship to a US citizen spouse or parent. I note that the classes of persons who can make use of it are expected to expand in the very near future to all classes that are immigrant visa eligible and the qualifying members for hardship to also include permanent resident spouses and parents. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    

Probably if his permanent resident card was not taken away from him and he was not referred to ICE he should be fine but I would recommend he bring a certified copy of his court record to an immigration attorney to review so he will know for sure before leaving the U.S.