Deltona, FL Immigration Law Firms & Lawyers

The answer is that your sister needs to get in touch with a qualified attorneynow. Looks like your sister's husband has had a detainer (hold) placed against him under a program called Secure Communities. So when the county is done with him, the immigration authorities will assume custody and they will then decide what to do with him. Sounds like he would be eligible to have an application for adjustment of status considered based on his marriage to a US citizen, but if that is going to happen he needs to put a plan in place immediately to see that the case is handled correctly. Once the tail light issue is resolved with the county, his case will be considered by the immigration authorities. The plan here should be to get obtain an attorney to represent him on the criminal matter and the immigration matter in an effort to make things as smooth as possible. If nothing is done, the likelihood is that your sister's husband will be picked up by the immigration authorities, taken to an immigration detention center and placed before an Immigration Judge and processed for removal. So rather than wait for that to happen, take the bull by the horns, hire someone who can help and effectuate the plan on his terms rather than whatever dictate the government will put in place. Certainly no one can promise the resolution that your sister and her husband want most (i.e. being permitted to remain in the US on a permanent basis). But the quicker that a qualified and competent attorney is put on the job, the quicker your sister and her husband can rest assured that their case will be handled and that your sister's spouse will not be summarily deported and removed from the US.

Tourist visas are always submitted thru the US Consular Office abroad. As a general rule, the consulate is looking to establish that the applicant will comply with what a tourist does - visit family, visit Disney, go to the beach and leave. So any evidence that shows that the visit will be temporary and that the applicant will return abroad is helpful. For most cases, an attorney is really not needed. Just be honest, tell the truth, complete the application correctly and all should be fine.

You have to have a basis to get your permanent residence. For a family petition, it will be the spouse or parent of a US citizen. Your aunt's adoption is ineffective as it was completed after your 16th birthday, and you would still have to have met the 2-year physical custody requirement.