Pompano Beach, FL Immigration Law Firms & Lawyers

I assume that you and your wife filed for her adjustment of status to permanent residence and you are waiting an interview at the local U.S.C.I.S. field office. Once an I-485 application to adjust status has been filed, your wife is considered in a state of grace in which she is allowed to wait in the U. S. until a decision is made on the adjustment of status application. If she wishes, she is eligible for an employment authorization card if she desires one. There is nothing else to be done at this time other than waiting for the interview and keep gathering proof of the bona fides of your union. 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.    

Yes.  Immigration and Customs Enforcement will probably catch up with you and place you in removal proceedings.  If the felonies qualify as "aggravated felonies" you would not qualify for a bond and would be held by immigration until your case is resolved.  I recommend you contact a lawyer who specializes in post-conviction relief and see if you can't get the sentences modified or the cases re-opened.  Getting rid of the convictions, or modifying the sentences, is your best hope at avoiding or defending against removal.

There are many factors to consider when determining whether to file a new petition.  For the EB-2 category, in addition to you having either an advanced degree or a bachelor's degree plus 5 years of experience, the position must also require an advanced degree as a minimum qualification for the position.   For September 2011, the priority dates for all countries are current in the EB-2 category, except for India and China.  The cut-off date for India and China is April 15, 2007.  Assuming that your I-140 has been approved, you would be able to retain your EB-3 priority date of September 2008.  If your home country is India or China, your priority date would not be current yet. You have raised some very good questions and I urge you to contact an experienced immigration attorney to review your options.   Best wishes, Mark