Ralls, TX Immigration Law Firms & Lawyers

If the 10 year bar is the only issue then he should be OK. You can file I-130 at least one year before the 10 year anniversary counting the processing time.

It's possible. But, there's also the possibility that USCIS may accuse your fiancee of committing visa fraud if they believe she had a preconceived intent to remain permanently when she entered the US with a nonimmigrant visa.

It is difficult to know what happens after a tip is submitted to ICE about an illegal immigrant. In the past, many tips were ignored as ICE only had so many staff members and there are 11 million undocumented immigrants. The practice generally in many parts of the country was to go after more egregious situations involving multiple people or criminal violations. Currently the Trump administration is pushing for the expansion of ICE officers and more detention facilities. Once it ramps up its capacity, one can expect that more tips will be given attention. At this time, it is uncertain whether the person you describe will become a target for arrest. If detained, she could be taken to a city/county jail or immigration detention center, whichever has capacity and if the city/county jail has a contract with the federal government. If she has not already been an immigration proceedings, she would be entitled to present whatever case she has in front of an immigration judge. The process could go on for years although the Trump administration has said that it will focus on criminal aliens and your person could become a target if criminal charges are filed against her. On whether there is any way that she could stay in the country, she should seek consultation with an immigration lawyer who can go over all of her individual facts and situations. 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.