Wildwood, NJ Immigration Law Firms & Lawyers

Although no one can give you a guarantee of what direction U. S. law enforcement may take, U. S. immigration laws are generally attuned to criminal and not civil matters. It is more likely that if the investigation turns criminal and you are arrested at some point in the future, the Department of Homeland Security may take an interest, and that could cause an immigration issue. Barring that, the chances are that you will not face an immigration issue on your way back to the country. 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.    

The best time is before the end of the 5th year so that you may be able to obtain H-1B extensions in one or three year increments. However, please note that the sooner you can apply the better off you will be. Consider whether or not you have the possibility of being able to use a pre-certified classification for the green card.

If you came illegally to the country, you would not be eligible for adjustment of status unless you also qualified for the benefits of §245 (i) in which under the most current version, you would have to have a labor certification application or immigrant visa petition filed on your behalf by April 30, 2001, and been physically present in the country on December 21, 2000. Otherwise the forms that you mention have no applicability to you except for the I-130 petition for alien relative which you say is already approved. Currently if your wife is a US citizen, you may be able to apply for the Administration's I- 601A provisional waiver program under which the 10 year bar for staying in the US illegally for at least a year is waived if you can demonstrate that a return to your home country permanently would cause extreme hardship to your spouse. If your spouse is a permanent resident, the I-601A program will expand to include her in the very near future. The beauty of the I-601A provisional waiver program is that you can make the application, stay in the US to see its result, and if approved, schedule an interview with the American consulate or embassy in your home country. The visa interview would in all likelihood be normal. 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.