White Plains, NY Immigration Law Firms & Lawyers

This can prove complicated. There is a presumption of immigrant intent for anyone who applies for a non-immigrant visitor visa. The fact that he is married to a lawful permanent resident will make it very difficult for him. He may even be charged with fraud, due to frustration, which can get even more problematic. A determination that he committed fraud when trying to get a visa, by consular official, can become a permanent ban to immigration, even if you become a US citizen. I strongly recommended an appointment or teleconference with a competent and experienced immigration attorney before a serious mistake is made. Good luck. NOTE: The above is general information, not legal advice, and does not create an attorney-client relationship.

You should be ok, don't worry, as long as lawyer provides good explanation as to what happened. (Of course, provided the error is not a misrepresentation).

If your boyfriend's former wife filed a Form I-130 application for relative alien for his benefit, that application's approval cannot be a basis upon which he seeks immigration benefits as a spouse of yours. Assuming that you are a U.S. citizen and that your fianc? has remained in valid nonimmigrant status or, if he may have overstayed a visa, that removal/deportation proceedings never were commenced against him, then upon you and your boyfriend becoming married, the two of you will need to commence the immigration process anew. Generally, that would include filing an application for relative alien, biographical information forms, an adjustment of status application, an application for an employment authorization document, an affidavit of support and other supporting documents. The application process will include an interview with the USCIS, and at that time you should expect the USCIS to address not only the bona fide nature of your and your husband's marriage, but also the bona fide nature of your husband's former marriage upon which the first Form I-130 application was filed. The process can be a bit more complex that it appears, and errors can cause substantial delays and even harsher consequences, and it would be wise to work with an immigration attorney in that process. 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.