Tucker, GA Immigration Law Firms & Lawyers

Cancellation of removal is a remedy available only through the immigration court.  Since each court has its own docket (some are busier than others) and each judge has discretion about how to manage both the case load and individual case scheduling, it would be impossible to predict how long obtaining such relief would take in general.  It would depend on the basis for removal, any other forms of relief available, the court's workload, and the judge's disposition.

It would be very challenging, although perhaps not impossible, to persuade the USCIS that you and your spouse are in a bona fide marriage if you live separately. Your and his actual place(s) of residence will need to be accurately disclosed in the application process, and with this unusual circumstance particularly strong other evidence of the bona fide nature of your marriage, as well as a well-crafted and accurate explanation of the living situation, would be necessary. It would be wise to work with an immigration attorney, especially for such a complicated situation. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Generally, a U.S. citizen may sponsor a spouse for immigration benefits, and when the spouse is abroad, the steps to take are known as "consular processing" in the Immediate Relative visa category. Generally, children born to a U.S. citizen mother automatically become U.S. citizens by birth, and this can be true regardless of whether their births were timely recorded abroad. Still, there are many additional details that determine immigration eligibilities, options and strategies. It would be wise for your family to consult with an immigration attorney who, after learning all of the relevant information, could provide advice about attaining your goals, and who then could offer legal representation in the often complex application process.