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If you marry the US citizen you can apply for adjustment of status without leaving the U.S. However, if you do leave, you'll need the I-212 because of your "out of status" situation. It all depends on what you want to do. I'm NOT a lawyer, this is NOT legal advice!

Just some points you should consider... if you EVER consider moving back to the U.S. with your husband, you should think twice about the actions you're about to take. First, did he accumulate any "unlawful" stay in the US? This is forgiven when the adjustment is approved but if you leave before...

There's a lot of confusion and misunderstanding regarding removal proceedings, waivers and other related issues. I happen to have a question that's critical in both nature and the number of people it does cover. Does an LPR who never had the chance to complete the residency requirements have...

The truth is that since there's kids involved you'll have to find a way to first obtain some sort of "OK" from the father to move to the U.S. It's always better to do it that way. Also be aware that your boyfriend must meet the income requirements and you should avoid any and all criminal...

I got a very limited understanding of things but as long as the legal systems are compatible (and I think they are) US and Canadian convictions count. I'm not a lawyer and this is not legal advice. Good luck!

Why did you say no? You were not convicted, maybe, but you were charged and it's better to always be clear about it and say "but wait, they dismissed it!"... In any case, I'm not here to lecture you or anybody else, just here to help. It only matters if they can deny you based on the...

Let's say he's in the US and working without permission. Let's say you meet and decide to get married and all. That's not a problem for the adjustment process. However, you decided to travel outside the US and he's now an alien who violated immigration law currently residing outside the US. You...

Shoplifting is a big NO when it comes to a greencard. It's a CIMT and grounds inadmissibility. Sorry to say. Check the statutes to see if you qualify under the "CIMT exception".... The waiver for criminal grounds is not available to you since you're not an immediate relative. Good luck! (I'm...

Here's an approach... Get married and then have your spouse sponsor you for a K-3 visa. Wait in Canada until your visa is approved (you'll have to go to a consular interview and all). Then, after your visa is approved you can move to the US and go live in Mickey Mouse land for the rest of your...

Congratulations on your engagement! Sorry to say, your K-1 fiance visa only works towards a greencard if you marry the US citizen sponsoring your visa within the time limit established. If you decide to break things off and not marry your fiance, you'll have to return to Canada since K-1 status...

You shouldn't have problems even if convicted of the offense. This offense is not a CIMT, also the case was dismissed and "dismissed charges" are not valid when establishing moral conduct of an applicant. But lying to the CIS officer about it is the worse thing you can do. Tell the truth and...

You were indicted on Summary Offense because the offense is a first offense and the value of the merchandise is less than $150. That's PA statutes. Usually, the maximum jail time for this offenses is 90 days. You should be safe, you qualify for the CIMT exception but keep in mind you DID commit...

Shoplifting is a CIMT, that's clear under immigration law or so it appears. Deferred sentences will not mean much here, the "official finding or admission of guilt" is what really counts. Look at the statutory definition of the offense you'll admit to and if the maximum sentence is a year or...

If you had a revoked or suspended license at the time of your arrest AND the statute of YOUR conviction reveals this, you got yourself a CIMT and will have to look at the maximum jail time possible for your conviction under the statute to see if you qualify for the CIMT exception.

Greetings, Is there any way to know by lookin at a passport if a person was paroled (not admitted) into the U.S.? I read somewhere that the passport must be noted something like "paroled persuant to section...." I dont think a parolee would have a regular "admitted" stamp. Is this true at...

I've read some about this and understand that dropped charges can only be consulted under very limited circumstances when there's a divisible statute of conviction that may or may not have negative immigration consequences. The CMT analysis must focus on the statute of conviction and not the...

Thanks a lot for that complete explanation. The person I consulted with also told me that the "Board" (note I'm capitalizing the word now that I know what it refers to...) noted that congress created this law to protect the government against serious situations of fraud, and that USCIS is more...

Thanks. Just can't be too careful with these things. I also understand there has to be a benefit asociated with the the "misrepresentation", a benefit that can't be available to the alien under INA (the act), state or federal law. She never got no benefit, just a tax form. I consulted a...

Just looking to understand the law and how it applies to grounds of inadmissibility. I worked overseas for a couple years and I asked a friend at work once to hear over to the US Embassy to pick up a couple tax forms for me. She asked a guard and was told to go on the USC line and then to the...