South Bay, FL Immigration Law Firms & Lawyers

Hello Anonymous, It is good practice for a  person who enters on a K-1 fiance visa to marry and file for their legal permanent residency status within 90 days of entry into the U.S. on the K-1 visa. This avoids problems with the U.S. Citizenship and Immigration Service (USCIS). It is important to marry within the 90 day window in keeping with the K-1 visa requirements. If a person marries during the 90 day period but is unable to file for adjustment within this period, their spouse should still be able obtain their legal permanent residency status, depending on the circumstances of the particular case. However, if a person does not adjust their status to a legal permanent resident and later divorces the U.S. spouse that filed the K-1 visa, there is a strong risk of deportation if the CIS becomes aware of their undocumented status. If there are practical reasons why you are unable to file for your spouse's legal permanent residence in a timely manner, you should consult with an immigration lawyer and discuss your case specifics to find out the pros and cons of a delay in your particular situation.   Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. 

As a matter of law, the ICE may be in a position to deport your husband, who should retain an attorney to represent him at the deportation proceedings.

Please be aware that the "new policy" announced by the Obama administration on August 18, 2011, is simply implementing the memo issued by the ICE Director in June 2011.  The administration is going to review all 300,000 pending removal cases to determine if any of them can be considered "low priority" and administratively close them.  These cases can be reopened at any time.  In addition, the administration is giving authority to the local ICE agents and ICE attorneys to use "prosecutorial discretion" to determine which cases to file in Immigration Court in the future.  This announcement really does not change anything at this time.  This is not amnesty or legalization.  It only applies to those people who are already in removal proceedings or who are apprehended by ICE in the future.   This policy will help those people who would have been eligible for the DREAM Act if Congress had passed it.   The media has reported that the people whose cases are administratively closed will be able to apply for work permits, but nothing in the announcement last week mentions work permits.  In general, if a person who is in removal proceedings is eligible for a work permit, they will continue to be eligible for a work permit after their case is administratively closed.  So, no one should plan on getting a work permit through this policy, unless the administration provides further details.   Right now, we are waiting for the adminstration to provide more information and to begin the process of reviewing all 300,000 cases.  The fate of each case will be determined on a case by case basis.  What may be considered low priority in Los Angeles may not be considered low priority in Nebraska, so we may see this policy applied inconsistently. If you are in removal proceedings, I recommend that you contact your attorney to see how this policy may affect your case.