Manalapan, FL Immigration Law Firms & Lawyers

The answer to your question is probably. However, the answer to the inquiry really depends on where your friend was convicted, the definition of "robbery" in the jurisdiction where he was convicted and your boyfriend's immigration history (e.g. when did he become a resident, how did he become a resident, etc.). The best advice I can provide in a case such as this is to look for a reputable immigration attorney with familiarity on the immigration consequences of criminal convictions. This can e a complicated legal issue to resolve and I wouldn't take generalized advice indicating "don't worry" without having a full and informed explanation of why it will all be good. I would highly advise that your friend obtain advice on travel plans BEFORE leaving the US. Depending on when the conviction occurred, your friend could face significant potential consequences if he were to depart the US with a plan to return on his green card. While he will not be sported upon his return without having an opportunity to appear before an Immigration Judge, he needs to understand just what to expect before he leaves the US. I don't mean to scare you or your friend, but I cannot suggest with any more importance the need to follow up with a licensed and knowledgeable immigration attorney. There very well could be a resolution out there to what would appear to be a potentially large mess. Find a reputable person to assist, we are out there and we are very willing to help if we think we can do so and make it worth your time and expense. Be careful out there, lots of attorneys will ask for a lot and be far short on explanations. Make sue you understand what any attorney will be doing on your behalf BEFORE giving any money to anyone. Good luck.

I believe that you are confusing the payment of taxes with maintenance of your green card. DHS knows how long you have been out of the country through its record-keeping of your record of travels and through your passport. Stays outside the US for extended periods of time may subject you to loss of the green card regardless of whether you file US taxes or not. As a US permanent resident, you are obligated to file taxes on your worldwide income. In my opinion, the most damaging aspect of filing taxes immigration wise would be to claim a foreign income exemption as you would be stating on the tax return that you consider yourself a nonresident of this country. 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.

Whether your cousin can wait for her residence here when her stepfather files for her depends upon a few things. First, is he a US citizen or permanent resident? Being a US citizen has a couple of advantages in a shorter waiting period and the ability to sponsor immediate relatives (spouses, parents, and children under the age of 21 and unmarried) and have them adjust status in the US if they entered legally and are not otherwise barred from immigrating to this country. Second, is  when the stepchild relationship was created. The immigration laws recognize the stepparent – stepchild relationship for immigration purposes only if the marriage creating the step relationship occurred prior to the child turning the age of 18. Third is the age and visa status of your cousin – if the above conditions are fulfilled and your cousin under the age of 21 at the time that the I-485 adjustment of status papers are filed, your cousin would be allowed to stay during the time of the adjudication. If 21 or older at the time of contemplated filing, her stepfather would only be able to file an I-130 petition for alien relative, and she would only be able to stay legally if she had a valid nonimmigrant status during the period of waiting which would be approximately 7-8 years. On the question of travel, there are two answers – if she is eligible for adjustment of status through form I-485 and such is filed, she would only be able to leave the country and reenter under advance parole or a nonimmigrant visa in the H or L categories. If not eligible to adjust but the step relationship is established before the age of 18 and the stepfather files an I-130 petition for alien relative, she could be allowed to travel to the US for short and infrequent visits during the pendency of her case under a B visiting visa. 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.