You will be required to purchase an open ticket for your brother and submit it along with his passport to ICE, if they do not already have the passport. Your brother will be escorted, under guard, to the airport along with other detainees and placed on the airplane.

Children of United States Citizens are protected by Sec. 2 of the Child Status Protection Act. If the petition is filed before the child turns 21, the age of the child is locked in, as of the date that the petition for classification as an immediate relative was filed by the parent. The child remains eligible as an immediate relative, after attaining age 21, as long as the child does not marry.

You are eligible for Asylum relief if you can show past persecution or a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group, or political opinion. You must apply for asylum within 1 year from the date of the last arrival in the U.S. If you seek asylum more than 1 year after your arrival, be prepared to show either changed circumstances that materially affect your eligibility or extraordinary circumstances that delayed the filing of the application.

If you married her father after her 18th birthday, then she is not recognized as your step-daughter for immigration purposes. If she is still unmarried, her father as a permanent resident, may file for his unmarried daughter, or if he becomes a U.S. citizen he may file for her even if she is married.

You may apply to change from your F-1 Student Visa to a B-2 Visitor For Pleasure. This would be considered an “initial grant” of this status and can be granted for up to one (1) year. But remember, you would need to document why a full year should be granted. (I-539). Any request for extensions after that would be limited to six (6) months or less.

He could file a “Motion to Reopen or Reconsider” or a “Petition for Review”. Under the old rule, he would still be subject to the consequences of overstaying the voluntary departure period. Under the new rule for “voluntary departure” that went into effect on January 20, 2009, the filing automatically terminates the grant of voluntary departure. In both cases, the alternate order of removal takes effect.

If your personal doctor has undergone the required training and is designated by the Department of State or by a USCIS District Director, he can do your immigration medical. Otherwise, the required medical examination must be performed according to guidelines published by the Centers for Disease Control and Prevention (CDC). That is, for immigrant visa applicants, the medical examination is performed by a panel physician designated by the Department of State. For adjustment of status applicants, the medical examination is performed by a civil surgeon designated by a USCIS District Director.

USCIS always has the authority to determine whether the totality of the evidence submitted is sufficient to demonstrate a relationship. By regulation, USCIS is permitted to require blood testing and so refusal to submit a blood test when requested may constitute a basis for denial of a petition. On the other hand, under existing legal authority, USCIS may only suggest that DNA testing results be submitted. For some persons, voluntary submission of DNA evidence may be the best way for some individuals to meet their burden to prove the claimed biological relationship. Otherwise, an application or petition may be denied if that burden is not met.

Yes. Currently, the three and ten year bars are waived for unlawful presence:

• Prior to a child’s 18th birthday
• While a bona fide asylum application is pending
• While the applicant is under the family unity protection
• For battered women and children

If he was found guilty of the marijuana charge, it is possible that your son could qualify for a Cancellation of Removal or a stand-alone 212(h) Eligibility Waiver.

Here are several reasons to become a U.S. citizen:

• The right to vote
• The right to sit on a jury
• The right to sponsor an extended list of relatives for permanent residence
• Tax benefits and estate planning
• Access to restricted professions
• Definite protection from deportation
• Easier to travel to different countries
• Run for public office
• The full protection of U.S. Constitution and laws

All petitioners must submit an Affidavit of Support. In your case, you will need to submit an affidavit or information that you have not worked for the past three years and have not filed income tax returns. You will, however, require a joint sponsor or a sponsor/household member agreement or file for an exemption if the beneficiary has already worked 40 quarters or the beneficiary can document assets totaling five (5) times the deficiency amount.

In your case, primary evidence that your husband is a permanent resident would be a copy of his green card. Since you do not have a copy of that document, you will need to come up with some other secondary evidence. Try to think of a situation in which your husband had to produce his green card and whether or not he had to leave them a copy. For example, did he ever file for you to obtain your own green card, in which case he would have been required to reveal his own immigration status? Was he required to reveal his immigration status when you obtained the marriage license? If you absolutely cannot present primary or secondary evidence of his immigration status, the Immigration Officer will attempt to electronically verify his citizenship or immigration status from information contained in DHS computerized records. I would respond to USCIS and ask them to verify his records through their system.

As long as you were married to your wife prior to obtaining your green card, and as long your children are unmarried and under 21 years old, and the visa number remains current, you may file for them as "following to join." However, if you married after obtaining your green card or the children were born after obtaining your green card, you will need to file the Alien Relative petition, and they will have to wait for visa numbers to become available according to the priority/filing date.

1. A person may only file for citizenship based on a marriage, if the citizen spouse has been a citizen for at least three years; they have been married for at least three years; the non-citizen has had the green card for at least three years, and they are still happily married. Otherwise, if you are not in the Military, you will have to wait the normal five years to apply for citizenship.
2. If you are still a green card holder, your new spouse would fall under the second preference category and will have to wait for a visa number, based on her priority date, to become available. If called to an interview, you will be questioned carefully to determine whether there is any marriage fraud relative to the prior marriage.

And, of course, your new spouse may be subject to the 3 or 10-year bar. This, however, can be cured if you become a citizen.

When your Aunt adopted you, she became your "legal" mother and totally responsible for you and your well-being. Under current immigration law, you may not file for your biological mother; she lost that legal right at the adoption. If your Aunt or Uncle is a US Citizen, (s)he could file for your biological mother in the category "brother or sister of a citizen."

Yes, I think that she will because she has no way of proving legal entry. She may even be found to have entered the U.S. thru “fraud or misrepresentation." However, depending on the jurisdiction, she may qualify for a waiver.

The last time I checked, possession of an unlicensed weapon is not a crime involving moral turpitude. Thus, it does not make him inadmissible. It does, however, make him deportable. Since it is not an inadmissible offense, you or some other immediate relative could possibly file for your son to re-adjust his status in the U.S. Ask for adjustment of status as a possible relief from deportation.

If you plan to be away from the US for more than one year, you should file for a Reentry Permit. This will allow you up to two (2) years of absence from the U.S. Although, this time will not be counted towards future citizenship.

The individual should report to American Embassy, in person, and bring the following documents:

• Original Passport or Copy of Emergency Certificate
• Tickets and Boarding Card on which they traveled out of U.S.
• The form provided by U.S. Immigration and Customs Enforcement prior to departure from U.S.Form I-392, G-146 or Form I-210 in the original copy.

After examining the documents, the Embassy Official signs and seals the original forms and gives one to the individual. It should be submitted to ICE, who should place it on the individual’s file.

“Extreme hardship” is a hardship that is, “greater than the hardship normally expected when a person is involuntarily separated from the US citizen or permanent resident spouse or parent (Relative).” Each case is different, but a few examples would be:

• The relative may have a major medical condition
• Is unable to move abroad due to ongoing treatment scheduled in the U.S.
• Needs the immigrant to remain in the U.S. to care for the relative
• The immigrant’s country is in a state of war or some kind of major political upheaval
• Sometimes there are children and the other parent will not allow the immigrant to take the children out of the U.S.
• The children have formed a strong emotional attachment to the immigrant
• The immigrant has a child s(he) is about to financially put through college

There is Form I-246, application for a stay of deportation or removal that he can file at the local Detention and Removal Operation(DRO) office. Your uncle will need to show his:

• Current and valid passport
• Birth certificate or other identity documents
• Police reports if applicable
• Disposition of all arrests, court disposition, etc.
• Medical documentation from his doctor to support his claim that he cannot depart immediately as ordered
• Evidence that he does plan to comply with the order i.e. plane ticket, itinerary, etc.

If his application is approved, he will be issued an Order of Supervision and he will be required to comply with the conditions set forth in the Order of Supervision. It is possible for him to be approved for up to one year or more, depending upon his continuing situation.

If you are a green card holder, and plan to be away for up to two years, you should definitely file for a Reentry Permit. This travel document will allow you to be absent from the U.S. without putting you permanent residence in jeopardy. Remember though, that the time spent away from the U.S. will not be counted towards qualifying you for citizenship.

Generally, you will need to file a motion to reopen the deportation hearing and present to the judge your reason for not attending the prior hearing. Meanwhile your husband may file the alien relative petition with USCIS, and if the case is reopened you could request adjustment of status as an option.

I don’t think you should be concerned. The transfer notices that I have been receiving lately explains that, the transfer is done with the intent of speeding up the adjudication of the application or petition, and indeed this has been true.

Yes, there is a new Form I-9 Employment Eligibility Verification. It became effective on Friday, April 3, 2009. The major difference between the new Form I-9 and the old one is that all documents presented during the Form I-9 procedure must be current.

Yes, your uncle may qualify for an R-1 Non-immigrant Visa. The R-1 is very useful in assisting religious organizations in the United States that desire the infusion of new energy into their faith through the importation of members from overseas branches, affiliates, or similar entities. It also allows individuals engaged in religious occupations to enter the United States to perform services related to their religious calling or vocation and to receive payment for their work. This status could lead to an immigrant visa in the EB-4 category, if desired.

I get this question a lot. In a nutshell you will be equally responsible for the financial support of the beneficiary for up to 10 years until and unless (s)he becomes a citizen of the U.S. or earns 40 quarters of social security income.

You accrued “unlawful presence” if you remained in the U.S. after the expiration of your authorized period of stay or if you are present in the U.S. without being admitted or paroled. Currently, battered women and children are waived unlawful presence.

You will still need to prepare and file your Affidavit of Support, but you will also need someone willing to take the responsibility; someone who makes enough of an income to satisfy the poverty guidelines. This someone will also submit an additional Affidavit of Support document, with proof of immigration status and income.

Under the American Competitiveness in the 21st Century Act (AC21), if you are the beneficiary of an approved Form I-140 and your Form I-485 has been pending for more than 180 days, you are eligible to change to a same or similar position without having to begin the process all over again. If you have a new employer and s(he) is willing, they may file for a new labor certification under PERM for your new position. You will be allowed to use the priority date of the application that was filed by your first employer. This is also true if you now file for your green card through other legal means. Of course, you will be required to pay the additional $1,000.00 fee.

This sounds like a case of abuse. Remember, abuse takes several forms which include: physical, mental and/or emotional abuse. It is possible that you may be able to file for a green card as a Special Immigrant Abused Spouse. Under this section of the law, any illegal entry or overstay of your visa is waived.

USCIS will send the approved petition to the National Visa Center, which is under the U.S. Department of State (NVC). The NVC collects the fees, the support affidavits, the visa application, all necessary civil documents, photos, police certificates, etc. They review all the forms, schedule the appointment at the U.S. Embassy or Consulate, and mail out the appointment letter. Most of the NVC’s correspondence is now being done by email.

The T Visa provides immigration protection to you if you are a victim of a severe form of human trafficking. Non-immigrant individuals under a T Visa status are required to have three years of continuous presence in the U.S. or a continuous period of an investigation or prosecution of the acts of trafficking before they can adjust to permanent residency status. Adjustment of status cap is 5,000 per year.

The term “AC21” is short for American Competitiveness in the 21st Century Act. Sec. 106 permits an employment-based Adjustment of Status applicant, whose Form I-485 Adjustment of Status application has been pending for more than 180 days, and whose Form I-140 Alien Worker Petition has been approved to change jobs, or employers, anywhere in U.S. to a same or similar job classification as described in the approved Form I-140 Alien Worker Petition.

“Extreme hardship” is hardship that is, “greater than the hardship normally expected when a person is involuntarily separated from the US citizen or permanent resident spouse or parent (Relative).” Each case is different, but a few examples would be:

• The relative may have a major medical condition
• Is unable to move abroad due to ongoing treatment scheduled in the U.S.
• Needs the immigrant to remain in the U.S. to care for the relative
• The immigrant’s country is in a state of war or some kind of major political upheaval
• Sometimes there are children and the other parent will not allow the immigrant to take the children out of the U.S.
• The children have formed a strong emotional attachment to the immigrant
• The immigrant has a child s(he) is about to financially put through college

Optional Practical Training (OPT) is temporary employment directly related to a student’s major area of study. Students are authorized to receive up to 12 months of practical training. But the maximum period of OPT was extended from 12 months to 29 months for F-1 Students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services‘ (USCIS) E-Verify employment verification program.

• Pre-completion OPT: Student may be authorized to participate after being enrolled for one full academic year.
  • Must be directly related to the student’s major area of study.
  • Must work part-time while school is in session.
  • May work full time when school is not in session.
• Post-completion OPT: Student may be authorized to participate upon completion of studies.
  • All periods of pre-completion OPT is deducted from the available period of OPT.
  • Must be directly related to the student’s major area of study.

U.S. employers use the H-1B program to hire, on a temporary basis, highly specialized employees such as doctors, engineers, teachers, researchers in a wide variety of fields, accountants, medical personnel, and computer scientists. These unique skills and knowledge are said to be in short supply in this country, thus U.S. businesses use the program to alleviate temporary shortages in these specific occupations, and to acquire special expertise in overseas economic trends and issues, thereby allowing them to compete in global markets. U.S. employers also turn to H-1B professionals when they recruit post-graduates from U.S. universities. Foreign students represent half of all U.S. graduate enrollments in STEM subjects (science, technology, engineering, and mathematics). There still are not enough U.S. students graduating with advanced degrees in these fields to fill highly specialized positions, and according to the Bureau of Labor Statistics (BLS), the demand for such graduates will increase substantially in the next ten years.

There are four categories of conditions that may render a person inadmissible. The four categories are:

• Communicable disease of public health significance such as Chancroid, Gonorrhea, Granuloma Inguinale, Infectious Leprosy, Infectious Stage Syphilis, HIV, Active TB, etc.
• Failure to show proof of required vaccinations
• Mental or physical disorder with associated harmful behavior
• Drug Abuse or Drug Addiction

Currently, the law does not allow you to file for your aunts, uncles, or cousins. You may, however, file for your spouse, your children, your natural parents or adopted parents (if you were adopted before age 16), your married or unmarried sons and daughters, and your married or unmarried brothers and sisters.

I am so sorry to hear of your situation. This happens sometimes. This does not ease the pain in your heart, but rest assured that under current law, your ex-fiancée will not be allowed to change her status to permanent resident on this trip. For example, if she should marry the love of her life, he will have to re-file for her, and she will have to return to her country to get her permanent resident visa.

You can file for your parents as soon as you are sworn in as a US Citizen. You may file for your spouse, parents, children, sons and daughters, brothers and sisters. However, you may not file for aunts or uncles.

Requests for Evidence are becoming more and more common in all types of cases. Sometimes they may ask for items which you have already submitted or which may not even be legally required for your case. This is not an indication that your case will be rejected; they are merely requesting further documentation.

Actually, the visa is only the authorization for the transportation company to take you to the U.S. The five-years written on your visa indicates that within that five-year period, the transportation line may bring you to the shores of the U.S. without any detriment to themselves. The visa does not guarantee your admissibility at the U.S. port-of-entry. The U.S. Customs and Border Protection (CBP) officers are the ones who decide if you will be admitted and for how long, depending on your stated reason for coming here. When you were admitted into the U.S., you were given an I-94 (small white card). On the I-94, the USCIS marked your date of admission and your maximum period of stay, usually a date up to 6 months. You may apply for an extension of that date or you may apply for a change to another visa category.