Richmond, MI Immigration Law Firms & Lawyers

There are a couple of points that have to be addressed here, so, please, bear with me. First, there is no "President Obama's new law ". In the United States, the Congress makes laws; the President cannot make a new law even if his last name is Obama. The so-called Obama's new law is a change in policy: the President told his Secretary of Homeland Security to stop trying to deport certain persons who are present in the U.S. without permission of the U.S. Government - and to give these people permission to work in the U.S. for the next couple of years. Chances are that this program will continue so long as President Obama remains in the Oval Office; the next President might, too, keep this program, but it would have to be seen. Please understand that this program does not make anyone a permanent resident, not right away, not later. All it says is: "OK, you can stay and work here, for now, until we change our mind again." If your lawyer told you that you would get a green card, find another lawyer - one who would know what he is talking about and, preferably, honest. Admittedly, it is not an easy task; but I promise you that it can be done. Second, you have to find another lawyer - because what yours tells you does not make any sense. A birth certificate cannot be changed to a different name, not in the U.S., not in Mexico. Moreover, there is no need to even try. Let's take a look at the situation: you have been in the U.S. for over 5 years and need to prove it; and you have a Mexican birth certificate issued to your real name that is different from the name you used all your life in the U.S. For example, let's say a person was registered at birth in Mexico as Juan Francisco Morales Moya, but called himself in the U.S. Francisco Luna. So, the task then breaks into two: 1) that guy has to prove that Juan Francisco Morales Moya and Francisco Luna are one and the same person; and 2) he has to prove that Francisco Luna lives in the U.S. for over 5 years. The second part should not be too hard - if he have school records, medical records, employment records, and witnesses who know and will testify that he lives here for over 5 years. The first part is not too difficult, either: - first, he would make an affidavit (a written statement sworn before a notary public) that he was born Juan Francisco Morales Moya but have always used the name Francisco Luna (he can state the reason for his use of a different name, if he wants); - second, he will need an affidavit from a close relative (mother, father, grandparent, uncle or aunt, older brother or sister), that should contain his recent photograph and his close relative's statement under oath that a) the witness knows Juan Francisco Morales Moya from the day he was born, b) that it is true that Juan Francisco Morales Moya always used in the U.S. the name Francisco Luna; and c) that Juan Francisco Morales Moya and Francisco Luna are, in fact, one and the same person. If you have more than one close relative, get an affidavit from each one of them - when dealing with USCIS, you can never have too much proof.

If you are a citizen, and he came in legally, then at least you have the ability to ask for his papers here through adjustment of status. I could not say that he can definitely succeed... A person has to be eligible to immigrate in several other ways. I think it would be good for you to consult with an experienced immigration attorney to understand more about your options. Good luck.

You should be able to use your wife's income, but you will need to sign the I-864 and have her sign an I-864A. If you do not file joint tax returns, that could be a problem.