Hialeah Gardens, FL Immigration Law Firms & Lawyers

Contrary to your understanding, it is not a felony or misdemeanor for an undocumented immigrant to stay illegally in this country although some states clearly wish to criminalize such population. The attempt to criminalize under state laws was defeated in the Supreme Court last year in the widely read case, Arizona v. United States. This country also has a tremendous interest in educating any children through high school and it has been the law of the land for many years that undocumented immigrant children are entitled to a public school education. Undoubtedly if the Senate bill, S. 744, or a great part of it eventually becomes law, the boy that you are so concerned over will obtain legal status with the ability to work and travel, pay in-state tuition, and perhaps obtain a college scholarship. If you wish that to happen, you might write or contact or lobby your local representative to support comprehensive immigration reform. The immigration bill will be the focus of the House of Representatives in the next few months where its fate will be decided. 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

If he was deported because his conviction qualified as an "aggravated felony" then he is barred for life from returning to the US.  The only chance of return would be to challenge his criminal conviction collaterally.  This requires hiring a lawyer that specializes in post-conviction relief in the jursidction in which he was convicted.  Even if the conviction is overturned, there is no guarantee the result will allow him to return, but it is the only hope such individuals have.

Whether your spouse can continue to work under a receipt for filing a new application for employment authorization depends upon whether the application was submitted prior to the expiration of his former EAD and whether the application was in the same category for which he was previously approved. Under his political asylum application, the legend on the employment authorization card was (C) (8). If the new application was timely filed under the same (C) (8) category, he would be authorized for employment while awaiting a decision by U.S.C.I.S. On the other hand, if he applied for a new EAD under the legend for adjustment of status, (C) (9), he would not be authorized for work during the pendency of the application even if timely filed. He would have to wait until U.S.C.I.S. made a decision on the application. 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.