Durango, CO Immigration Law Firms & Lawyers

Your criminal defense attorney is required by a recent Supreme Court decision to properly advise you about the immigration consequences of your plea.  If he or she is not familiar with immigration law, they are required to consult with someone who is.  You should raise this question with your criminal defense attorney and refer them to the case of Padilla v. Kentucky.

U.S.C.I.S. unfortunately has a history of mishandling I-130 approvals occasionally and not obeying the wishes of the petitioner – in some instances housing I-130 approvals when asked to send them forward for consular processing and in others sending them to the NVC for consular processing when asked to hold them for adjustment of status. In your case, however, the situation is not drastic and so, assuming that you are still in legal status at the time that your priority date becomes current or your spouse becomes a US citizen, you can file the I-485 adjustment of status application in the States with a copy of the I 130 approval. It will be up to U.S.C.I.S. to retrieve the approved petition from the NVC if it wishes to have the petition on hand at the time of the interview.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.