Lecanto, FL Immigration Law Firms & Lawyers

*Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

Hello Anonymous, It is good practice for a  person who enters on a K-1 fiance visa to marry and file for their legal permanent residency status within 90 days of entry into the U.S. on the K-1 visa. This avoids problems with the U.S. Citizenship and Immigration Service (USCIS). It is important to marry within the 90 day window in keeping with the K-1 visa requirements. If a person marries during the 90 day period but is unable to file for adjustment within this period, their spouse should still be able obtain their legal permanent residency status, depending on the circumstances of the particular case. However, if a person does not adjust their status to a legal permanent resident and later divorces the U.S. spouse that filed the K-1 visa, there is a strong risk of deportation if the CIS becomes aware of their undocumented status. If there are practical reasons why you are unable to file for your spouse's legal permanent residence in a timely manner, you should consult with an immigration lawyer and discuss your case specifics to find out the pros and cons of a delay in your particular situation.   Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. 

U.S.C.I.S. will generally hold an I-485 case in your situation until there is a disposition. You or your representative will have to keep U.S.C.I.S. informed of the status of your DUI case. I note that there is currently a movement in the immigration laws to consider DUI offenses more serious as seen in people being barred from The Deferred Action for Childhood Arrivals (DACA) program if they have DUIs. To be on the safe side, you or your lawyer may consider attempting to have the case dismissed or the charge changed to another ground. 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.