Lake Harbor, FL Immigration Law Firms & Lawyers

A foreign national who enters the United States without inspection is not allowed to adjust his/her status as general rule. You will have to process your immigrant visa at the US consulate.

Thanks for your inquiry. Truth is that the bar on returning to the US after having been convicted of an aggravated felony and being deported is forever, yes forever. Now with that said, what the immigration act says and what actually happens can be two distinct things. So my recommendation would be to have your case reviewed by a competent attorney who can give you an honest answer and will not try to get you to spend a bunch of money on nothing. Truth is that the answer is likely a "no" but that does not mean that you should not hire someone to review what is in your file and see if there is any possibility of resolving the matter. What you want to be wary of is someone who tells you that X, Y & Z can be done without first taking a look through your file. Find someone who knows how to order a file, someone who knows how to review a file and someone who can give you an adequate and accurate assessment of the possibilities with your case. Good luck.

A service center filing producing a MSC receipt is usually available only where your party is also filing an I-601 waiver of fraud or misrepresentation.  In that case, the time for waiting would likely be 6+ months.  Without the need to file the I-601, your party should be filing the I-212 at the local CIS office with jurisdiction over his/her place of removal proceedings.  There is no set timeline for I-212 adjudication from a local immigration office although this type of adjudication can usually be done within a year. A standalone I-212 must be filed at the local immigration office where the removal proceedings were conducted in situations like yours where the applicant has been refused for an immigrant visa at the American consulate or embassy. 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.