Can I get a visa without having to leave the US? 3 Answers as of May 02, 2011

My K-4 visa expires. I married a US citizen, and my wife petitioned me. We went to 2 immigration officer interviews. I got my ssn, dmv, and work permit. And then we received that I am subject for deportation, after 2 days I received my wife's petitions to me that was approved. We talked to some lawyers but we cannot find the answer. He keeps referring us to other lawyers. And then we went to one immigration lawyer and told me that I need to go back to my country and told my wife to petition me as a k-3 visa. Is there any other way to get my green card without living the US? And another question if you ask me why my k-4 visa expires; I think because I was 18 and half when my parents get married and at the time were trying to file my papers we were robbed twice that month and we got a police report on that. Can I also use that as a victim of a crime visa?

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Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
It looks like your original application for permanent residence based upon your K-4 visa was denied in error. In most cases a step-parent relationship must be created prior to a child turning 18 in order for the child to obtain permanent residence. However, there is an exception for children who enter using a K visa. Unfortunately, many immigration officers (and unfortunately, attorneys) do not know about this. When you married, however, you may have made this error uncorrectable because you are no longer considered a child for immigration purposes. Since you entered the United States using a K visa you can only adjust status based upon a petition from your step-parent. Otherwise, you must leave the U.S. However, since the timeline for all of this is unclear and written decisions and other documents have been issued by USCIS, I suggest that you schedule a consultation with an experienced immigration attorney to review your case and learn how the law applies to you.
Answer Applies to: Florida
Replied: 5/2/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I have a lot of different reasons to tell you, but what we have is an open and shut case of you being eligible for adjustment of status, and that it accompanies an application for cancellation of removal. If you have an order of deportation due to the failure of your parents to file your K-4 until after you had turned 21 and "aged out", but you did not get notice of the in absentia order of deportation, you have abundant reason to get your case reopened, with the abovementioned filing of an application for cancellation of removal, with a motion to set aside the order of deportation, allowing you to adjust status based on your eligibility for legal residency based on marriage to a U.S. citizen. You do need help of a lawyer, but you do know that already. Please feel free to call or e-mail to set up an appointment for a consultation, which can either be in person or over the phone. Best to you.
Answer Applies to: California
Replied: 4/30/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Sounds like you have a complicated immigration situation which we would be happy to help you sort out. There are special rules for K beneficiaries that are not the same as you usually see. We would need to review all of your paperwork to properly advise you. Were you petitioned as a child or stepchild? The stepchild relationship must be established before your 18th birthday for you to benefit if it was a stepchild petition. In most cases the rules for marrying a U.S. citizen are very generous in being able to adjust status in the U.s. but the K is one of the exceptions that only allows you to adjust status through the same Petitioner who established the K relationship. The regulations and statute are written for the K-1 and K-2 though as the K-3/K-4 was created thereafter so we would need to look at this carefully.

The U visa is an option for certain crime victims - again it is a factual determination as to whether you would qualify and you must be in U status for three years before you can adjust to permanent resident. The prosecutor would need to agree that your testimony is required as the basis for recommending the U. I would suggest if you would like our expertise that you contact me as indicated above. We do charge for consultations but fees paid for the consult would then be credited toward the fees for your case if we are retained thereafter.
Answer Applies to: California
Replied: 5/1/2011
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