Palm Beach Gardens, FL Immigration Law Firms & Lawyers

U.S.C.I.S. may look closer at your next petition for a husband to determine whether the marriage is bona fide. Petitioning for a second spouse, however, is not ground for denying the petition. At the time of interview for an adjustment of status in the States, you and your husband should have all the evidence of marriage relationship including lease or deed , bank accounts, job letters, photos, etc. If your husband is overseas and will be interviewed at an American consulate or embassy for the immigrant visa, he should bring in all the evidence at the time of interview over there. 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.

Answer is that any arrest must always be disclosed to the immigration authorities forever. Even if you can expunge or seal the record via state law, the fact of arrest must always be disclosed in any paperwork dealing with the immigration authorities. Keep in mind that the immigration authorities often times assign different consequences to the same incident which the state law may permit you to not disclose. A big mistake that foreign nationals often make is that because their case was sealed or expunged, they believe that they are not required to admit its existence when applying for immigration benefits such as permanent residency or naturalization. This not correct. Always consult with a competent and licensed attorney if any of these issues arise and before you fail to disclose something that you should have disclosed. Any arrest in the period preceding the date of the submission of an application for naturalization (Form N-400) can result in adverse consequences on the issue of whether the applicant has established that she is a person of "good moral character" (GMC) consistent with US immigration law. Increasingly, we have been seeing many more denials of these types of applications - where there is a minor brush with the law during the period for which GMC must be established. Again, the best advice is to speak to someone who knows and can advise you before you make a decision to accept a plea. While the plea may not render you subject to deportation from the US it could result in the denial of an application for naturalization and could also cause trouble when you are traveling in and out of the US.

If your brother has been here for more than 30 years and is still not a resident and is not excludable under the immigration laws, he would certainly benefit if there is a legalization such as is being hoped for by Mr. Obama and the Democrats. Otherwise he may wish to consult an immigration lawyer to see what other routes may be available for his immigration.  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.