Chokoloskee, FL Immigration Law Firms & Lawyers

The difficulty with filing a new I-539 or motion on I-290B is that you are already not legal in the US, and you face an unlawful presence bar of three years if you do either, and the adjudication takes over 180 days from the date of your initial decision, and you lose. If you do either one and the adjudication is not yet received by the fifth month after the expiration of your initial permitted stay, you will be faced with the choice of leaving the US to avoid the three year bar or staying and gambling that your application or motion will be approved. It is difficult to say which route would give you the best chance of being approved, but at least the I-290B motion would not be late. It should be further noted that DHS does not approve of persons coming into the US on tourist visas and giving birth in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.

Hello. Since your husband entered without inspection he would have to leave the country to obtain his visa at the US Consulate. If you are a US citizen and will suffer extreme hardship if your husband is seperated from you he may qualify for a waiver where, if approved, he would only be out of the country for a few days. If not then he can apply for a travel permit through his DACA and if approved he may be able to receive his permanent resident status in the US. Please call my office for a free consultation and I'll be glad to further evalute your husbands case and offer the best course of action. Samuel J. Zermeno, Esq.

The question is what happened with the pot violations and whether you pleaded guilty. The law appears to be moving more strictly in the area of venues under which convictions and pleas of guilty can count in immigration enforcement. There was a recent case in which a Municipal Court decision was actually upheld against the alien. The law allows waiver for one pot conviction but not three. You may wish to have a consultation with a knowledgeable immigration lawyer prior to taking any further actions towards naturalization.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.