Denton, TX Immigration Law Firms & Lawyers

Following his refusal for a tourist visa at the American Embassy, his attorney can request temporary permission for him to enter the US according to whichever form or other method is acceptable to the embassy. Such would usually be done on form I – 212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If the Embassy concurs, it would then recommend favorable action to the Admissibility Review Office of DHS which would then decide whether to grant permission or not. Some of the factors that it takes into account are the purpose of the visit, consequences if permission is not granted, and whether a grant would violate national interest or public safety. 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.

Generally, a U.S. citizen who marries a foreign national who entered the U.S. lawfully and with inspection (such as with an F1 visa), may sponsor the spouse to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the U.S. citizen may have sponsored a former spouse whom he later divorced. Under these circumstances, the application process can be more complex than with ordinary cases, and it may be necessary to provide documentable evidence that both the first marriage was bona fide notwithstanding that it ended in divorce, in addition to providing documentable evidence that the newly married couple is living together in a bona fide marriage. Appropriate documentation for each of these requirements is determined by the USCIS on a case-by-case basis, but generally includes such things as documents showing the couple live at the same address (a lease or house deed), showing the couple have put their financial lives together (joint bank account statements showing each spouse placed his/her earnings into the account and household expenses were paid from the account), showing that one or both spouses are listed on utility bills, showing car and insurance registration, etc., etc. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Please contact an immigration attorney. You have rights under immigration law especially because your marriage seems bona-fide in that you have a child with your husband. You could apply for legal status either through your husband, and/or on your own depending on your relationship.