Will being court marshaled affect my friends application status? 4 Answers as of August 05, 2011My boyfriend of 3 years is currently an illegal immigrant. He was brought here when he was just an infant. Both his parents are legal but they went back to Mexico. His mom died 2 years ago and his dad has been a convicted felon here in the US. They never petitioned him to become a citizen. He is now 28 years old. He was in the armed forces for about 3 years until they found out his status and was Court Marshaled. All he wanted to do was serve his country. Will being court marshaled affect the process of getting him papers?Does he have a chance of getting a US green card? He's never been arrested. What do we need to do to get him papers? Does he need letters of recommendations? Do we need to be married for it to be an easier process? Do we also need ungodly amounts of money? Thank you for your time.
Feldman Feldman & Associates, PC | Lynne Feldman
Best is to sit down with you both to go over the options and see if he can file for permanent residency in the U.S. or will need to return home and obtain a waiver to return. In most cases the determining factor is whether he entered with documentation and then overstayed or never had documentation when he came and was not inspected. If he has close family members who petitioned for him, one of his parents or grandparents are U.S. citizens or permanent residents then he may fall into one of the exceptions. Assuming you are a U.S. citizen and he is from Mexico for example and he does not fall into one of the exceptions the steps to get him permanent residency will be: 1) You file an I-130 petition with supporting documents as a U.S. citizen spouse (approximately 5 months) $1575 (attorney fees + costs) + $420 )USCIS filing fee) + $40 (translation of birth certificate and marriage certificate. Can be one check to "FFA" in the amount of $2035. Complete the attached data sheets and send to me with marriage certificate, your husband's birth certificate, 2 passport photos of you and 4 of your spouse, proof that you are a U.S. citizen (passport ID page, birth certificate or naturalization certificate). 2) I-130 gets approved and is sent to the National Visa Center. They will collect forms and fees for your immigrant visa interview in Ciudad Juarez. Fees are $1575 + $404 + $88. Total of $2067 may be paid to FFA upon approval of I-130. Once fees and forms are paid and received the case will be scheduled for a medical exam ($165 to doctor plus fees for any vaccinations you are missing) and interview in Ciudad Juarez. Approximately 6 weeks but can be slowed down if not ready with the money for the waiver packet preparation. 3) Because of his out of status time in the U.S. when he goes for his interview, the consular officer will advise that he is inadmissible. He will indicate yes he is aware of this and your attorney has prepared the waiver packet for you to present. They will advise of a phone number to call to schedule a time to present the waiver packet (usually 4-8 weeks depending on the backlog at the time. If all goes well when he presents the packet the waiver can be approved in a day or two. Fees for waiver are $5075 (attorney fees) + $585 (USCIS filing fee paid in CDJ) + $750 approximately for social worker fee. These fees should be paid about the same time as the fees for step 2 above are paid with the exception of the $585 paid in CDJ. 4) After waiver approval he will be instructed to go back to the consulate to pick up your packet with the immigrant visa, come to the U.S. and your Permanent Resident card will be sent to you in the mail, get a social security number, driver's license etc. All fees must be paid before we file each stage but as you can see the process will be going on for several months - typically 7-12 months unless you want the process delayed to have more time for payment of fees. I would suggest we meet so I can properly assess the facts of your case and not just generally as I have done above. I can outline this for you in more detail but this is a rough idea of the fees, steps and when the monies will be due so you can make plans. If he is eligible to file in the U.S. the total fees and costs are about $4100; overseas $10,000-$11,000.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
You need to consult with a lawyer with all your facts. Your case is not simple and you may miss your chance if you don't.
Answer Applies to: Florida