Lady Lake, FL Immigration Law Firms & Lawyers

Our advice in the past has been that a straight flight to a US territory like St. Thomas and a direct flight back to the US is legally feasible for persons with pending adjustment of status applications, although there could be problems with immigration authorities on the return. The advice still holds even as we have noted instances in which people have been given problems on closed loop voyages due to confusing advice by Customs and Border Protection. We have also just heard that a F-1 student was required to produce an original USCIS approval on a domestic trip from New York to Los Angeles. If you are willing to deal with a potentially stressful situation, you can go, but if you do not do well in such situation, you may decide to cancel the trip. 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.

You need to contact an immigration attorney who handles removal/deportation cases. If you husband has a ICE Detainer on him he will be but in removal proceedings either while he is in prison or after he is released. LPR do have relief available to removal, but many types of criminal convictions can disqualify them being eligible or receiving the relief. It is very important that you have an attorney review his situation as soon as possible to determine what can be done for your husband. Do no wait until he finishes his sentence. Frequently, defending a LPR from being deported requires changing their criminal plea and it is much harder to do after they complete their sentence.

If your husband is seeking a temporary stay in the U.S. only, then the appropriate visa would depend on the nature and purpose of his trip to the U.S. If your husband is interested in U.S. Permanent Residency, then you would file an I-130 Immigrant Petition for an immediate relative. Please note that filing an I-130 could have adverse implications on his ability to visit the U.S. in certain temporary (nonimmigrant) statuses so the timing of any application needs careful consideration. Please note that this information is generic in nature and is not intended to be a substitute for specific legal advice in a given situation.  If you have any questions about these issues or any other area of Immigration Law please contact our office.