Greenwood Village, CO Immigration Law Firms & Lawyers

Having gainful employment is a requisite for filing for naturalization as well as sponsoring another individual. It is suggested that petitions be filed once your husband has gainful employment.

I would need to review your case in full to properly advise you and give you a fee quote. Is this your only criminal record? A state felony is not always a felony for immigration purposes so this would need to be analyzed. Were you advised of the immigration consequences when you pled guilty? Did you enter the U.S. with a visa and overstay or did you enter without documentation? What are the details of your entry into the U.S.? (If you don't know these get them from your parent or whomever arranged for your initial entry into the U.S.) Did you ever claim to be a U.S. citizen? Have you returned to your home country after getting here? Has anyone ever filed papers for you or for your parents? Are your parents or grandparents U.S. citizens or permanent residents? Are you married to someone in one of the military branches? Have you ever been deported (removed) from the U.S.? Did you subsequently reenter? The answers to these and follow up questions will tell me whether you are eligible to file for permanent residency in the U.S. or will need to return home and process for an immigrant visa and whether a waiver will be required. If a waiver is required, the process is complex to determine the strength of your case and likelihood of success. There is also a new proposed regulation to allow you to obtain a provisional waiver in the U.S. before going overseas for your immigrant visa interview if this is necessary to your case. After we review these and related follow up questions, we would then be able to advise you on the procedures to reach your goal of permanent residency, timing and fees. We do charge for consultations ($350 per hour, prorated for part of an hour); but all fees paid for the consult would then be credited 100% toward the fees for your case once we are able to give you a firm fee quote. If you would like to schedule a consultation, call my office at the number below and arrange a convenient time either in person or by phone. One option may be the Deferred Action program for DREAMERS but again your criminal conviction may preclude this. Here are the rules: They are not yet accepting applications and will announce the procedures for applying within 60 days of June 15, 2012. I have attached some general information for you to review and would be happy to represent you throughout the process once the application process is determined. You will need to show: * You came to the U.S. prior to your 16th birthday; * You have been in the U.S. for at least 5 years; * You are currently in school, a high school graduate, or honorably discharged from the Armed Forces of Coast Guard; * You have been continuously present in the U.S. (brief absences may or may not be excused); * You have not been convicted of a felony or significant misdemeanors; * You were physically present in the U.S. on June 15, 2012; and * You are less than 31 years old. There will be a two step process to apply for deferred action and be fingerprinted. Then once deferred action is granted (This will be a 2 year grant.), you may apply for a work permit which will also be granted for 2 years. Once you receive the work permit you will be able to obtain a social security number. We have also learned this will apply to person

If you entered the country legally, your father can probably assist you in adjusting status to permanent residence in the US without leaving. If not and as you are under DACA, you may be able to leave the US under an advance parole for emergency, school related, or business related reasons. If so, your parole back into the United States may make you eligible for adjustment of status. If neither of the two situations apply to you, you may still be able to obtain your residence status through the I-601A program under which your father would petition for you as his relative on form I-130, and when that is approved, you would be able to submit an I-601A request for a waiver of the 10 year bar for being here in the US unlawfully for a year or more. The I-601A adjudication would be based upon your establishing extreme hardship to your father if you could not return to the US. Assuming that the waiver is approved, you would complete your case by having it consular processed through the National Visa Center in the States and the US consulate or embassy in your home country. Kindly note that the I-601A program has a good rate of success, but also that its future may depend upon how vigorously Mr. Trump wishes to go after programs benefiting the undocumented.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.