Oxnard, CA Immigration Law Firms & Lawyers

If you boyfriend was in the US unlawfully or out of status for more than 180 days after he turned 18 years old, he is barred from returning for 3 years. If he was unlawfully in the US for more than 1 year after turning 18, then the bar is 10 years. He would need a waiver in order to be able to come in less than 3 or 10 years. Also, if he was actually deported, as compared to given voluntary departure, he could also be barred for 5 years from returning. You should speak to the attorney who handled his case to find out, or contact another immigration attorney regarding his matter and provide them with all of his immigration documents.

The answer is that your application will likely be receipted and you fee payment cashed. I am hopeful that the attending officer will provide you with an opportunity to supplement the filing with additional evidence if you did not provide evidence of your immigration status when you filed the I-130. If you are a naturalized citizen, this evidence is generally either a copy of the naturalization certificate or the biographical page of your US passport. Keep in mind that evidence of your immigration status is an integral component of the I-130 and the failure to provide evidence of this required documentation in support of the immigrant visa petition could be grounds for a denial. I would hope that the CIS officer who is handling this case realize that you are handling this matter without the services of an attorney and provide you with some time and issue what is commonly referred to as an "RFE" or Request for Evidence. However, CIS is well within its right to deny the application outright if important paperwork which is essential to the application filed is not included when you initially file. Yes this is a very harsh penalty and what stinks even more is that you will likely lose the filing fees ($420 per application). These are the reasons why hiring an attorney can sometimes be worth the expense. Yes we file the same paperwork on the same applications that you can pull down off the internet. Hopefully our work is worth the assurance that goes with making sure that the application is filed with the require initial evidence, that it is filed in the right place and that it is processed in accordance with reported processing reports. Times are tough and many folks decide to handle things on their own and this Is completely understandable. But if you run into problems along the way, an attorney can be if great assistance to see this process through CIS, the National Visa Center and the US Consulate abroad. Good luck.

It should not be an issue. The real question is whether or not you are in a bona fide marriage and whether you made a purposeful misrepresentation to DHS in the past.