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AV Preeminent Peer Rated Attorneys
Nassau County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Nassau County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 114 Old Country Rd., Ste. 652, Mineola, NY 11501-4410

  • 70 Glen St., Ste. 280, Glen Cove, NY 11542-2857

  • 510 Front Street, Hempstead, NY 11550

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  • 70 E Sunrise Highway, Suite 500, Valley Stream, NY 11581

  • 366 North Broadway, Ste. 410, Jericho, NY 11753

  • 254 Pettit Avenue, Bellmore, NY 11710

  • 6 Garden St., Great Neck, NY 11021-2507

  • 55 Post Ave., Westbury, NY 11590

  • 175 E. Shore Rd., Great Neck, NY 11023

  • 380 N. Broadway, Jericho, NY 11753

  • 11 CLINTON AVE., Rockville Centre, NY 11570-4002

  • 368 SOUTH OYSTER BAY, Hicksville, NY 11801

  • 299 E. Shore Rd., Ste. 203C, Great Neck, NY 11023

  • 98 Cutter Mill Road, Suite 441 South, Great Neck, NY 11021-3006

  • 10 Cardinal Dr., East Hills, NY 11576

  • 2861 Royle Street, Bellmore, NY 11710

  • 1225 Franklin Ave., Ste. 325, Garden City, NY 11530-1648

  • 6800 Jericho Turnpike Suite 120 W, Syosset, NY 11791

  • 112 Spruce St., Ste. A, Cedarhurst, NY 11516

  • 275 W. Broadway, Long Beach, NY 11561

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About our Immigration Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Should I listen to my attorney regarding voluntary departure?

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Answered by attorney Mary Lyn Tanawan Sanga (Unclaimed Profile)
Immigration lawyer at Law Offices of Mary Lyn T. Sanga A Professional Corporation
I am assuming that you are in removal proceedings and you are referring to the relief of voluntary departure in lieu of being ordered removed (deported) by the court. If you asked for voluntary departure and did not leave the country, it would make you ineligible to adjust status or seek cancellation of removal for a period of 10 years. If you complied and departed, you could still be subject to the 10-year bar if you had already accrued more than 1 year of unlawful presence in the United States before the grant of voluntary departure. If you are prepared to leave the country, then voluntary departure may be a good option for you. If you want to remain in the United States, consult with your lawyer or other lawyers to explore other possible options or reliefs that may be available to you. You should weigh your options carefully as failure to depart after being granted voluntary departure, or being ordered removed after failing to obtain the requested relief(s) from removal, could have serious consequences to your ability to stay and/or reenter the United States.
I am assuming that you are in removal proceedings and you are referring to the relief of voluntary departure in lieu of being ordered removed (deported) by the court. If you asked for voluntary departure and did not leave the country, it would make you ineligible to adjust status or seek cancellation of removal for a period of 10 years. If you complied and departed, you could still be subject to the 10-year bar if you had already accrued more than 1 year of unlawful presence in the United States before the grant of voluntary departure. If you are prepared to leave the country, then voluntary departure may be a good option for you. If you want to remain in the United States, consult with your lawyer or other lawyers to explore other possible options or reliefs that may be available to you. You should weigh your options carefully as failure to depart after being granted voluntary departure, or being ordered removed after failing to obtain the requested relief(s) from removal, could have serious consequences to your ability to stay and/or reenter the United States.
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How do I return to the US if my mother is a US citizen and I was deported after 25 years of permanent residency?

Answered by attorney Alena Shautsova
Immigration lawyer at Law Offices of Alena Shautsova
It might be an aggravated felony conviction and it will be extremely difficult for you to return. Consult with an Immigration attorney.
It might be an aggravated felony conviction and it will be extremely difficult for you to return. Consult with an Immigration attorney.

Is there any other way we could do to make him stay here legally while waiting for the petition?

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Answered by attorney Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)
Immigration lawyer at Havens Lichtenberg PLLC
First, you have to look at your fiance's J1 visa and determine whether it requires him to return to his country for 2 years after his J1 stay in the U.S. is completed. If his visa came with the 2-year home residency requirement, it is nearly impossible to overcome, and he will have to go home for 2 years. If - and only if! - your fiance's J1 visa does not have the 2-year home residency requirement, you can consider trying to keep him in the U.S. until he can complete his immigration process. He will become eligible for a green card in approximately 1 year and 10 months after you file an immigrant petition for him. He cannot stay in the U.S. just because the petition was filed: he must get some legal status - or he must leave the U.S. and wait for an invitation to an interview at the U.S. embassy in his country. If he stays in the U.S. after his status expired, he will not be given a green card when his turn comes but will be deported instead, and not allowed to re-enter for 10 years. The ways to keep your fiance "in status" depend on his education, skills, and financial circumstances. A relatively easy solution is to become a student on an F1 visa - but tuition is expensive, and he will not be permitted to accept employment (with limited exceptions). Other options involve finding an employer that would sponsor your fiance for a non-immigrant visa, but the process is complicated and, to decide whether your fiance can qualify for any of such programs, an immigration attorney would need more information than you provided.
First, you have to look at your fiance's J1 visa and determine whether it requires him to return to his country for 2 years after his J1 stay in the U.S. is completed. If his visa came with the 2-year home residency requirement, it is nearly impossible to overcome, and he will have to go home for 2 years. If - and only if! - your fiance's J1 visa does not have the 2-year home residency requirement, you can consider trying to keep him in the U.S. until he can complete his immigration process. He will become eligible for a green card in approximately 1 year and 10 months after you file an immigrant petition for him. He cannot stay in the U.S. just because the petition was filed: he must get some legal status - or he must leave the U.S. and wait for an invitation to an interview at the U.S. embassy in his country. If he stays in the U.S. after his status expired, he will not be given a green card when his turn comes but will be deported instead, and not allowed to re-enter for 10 years. The ways to keep your fiance "in status" depend on his education, skills, and financial circumstances. A relatively easy solution is to become a student on an F1 visa - but tuition is expensive, and he will not be permitted to accept employment (with limited exceptions). Other options involve finding an employer that would sponsor your fiance for a non-immigrant visa, but the process is complicated and, to decide whether your fiance can qualify for any of such programs, an immigration attorney would need more information than you provided.
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