Articles Posted in AskMyLawyer TV

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Any person who has ever been ordered removed (or has resided in the U.S. unlawfully for more than 1 year in the aggregate), leaves the United States, and then returns or attempts to return without being lawfully admitted, must remain outside the U.S. for 10 years before being able to re-apply for an immigration benefit or re-entry. This law was not in effect until April 1, 1997.

Such applicants are not eligible for the New I-601A waiver. This is because the waiver is designed to cure one entry and illegal stay in the US, not a re entry. There is no waiver for re entry.

In DACA cases, we need to analyze the period of time the applicant departed from the US to see if there any exceptions. Always consult a qualified lawyer to determine your eligibility.

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In this segment of AskMyLawyer we address issues relating to Green Card holders trying to immigrate their spouse. t is possible to immigrate a foreign spouse even if you are a permanent resident of the U.S. However, there will be a 3 year hold placed on the case currently, plus processing time of several months. The Wife in this case will need to maintain her student status while the application, i-130 is pending.

lawful permanent resident or a Green Card holder is a foreign national who has been granted the privilege of permanently living and working in the United States of America.

If you are a lawful permanent resident in the United States, you can apply a green card for your relative (spouse and unmarried children) to become a lawful permanent resident.

There are two subcategories in this immigration preference known as “second preference”. Preference 2A is for spouses or unmarried children under age 21 of permanent residents, and preference 2B is set aside for unmarried children of 21 years of age or older.

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