Legal Question in Immigration Law in California

Here are the facts: my US citizen father has petitioned for me for immigrant visa(F3 category) and he is waiting for USCIS approval. The problem I have is with my husband. he was a F-1 overstay who got married to a US citizen, but both the 485 and 130 was denied because of failure to respond to a NOID. He left USA 5 months after 485 denial. He has never received Removal Proceedings. As for me, I have never overstayed my B-2 visits to USA. My question is, if I get approved for immigrant visa how will this affect his derivative status?


Asked on 8/14/09, 2:17 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Why your husband's I-130/I-485 was denied? Did the USCIS assert a marriage fraud? What was in NOID?

If his first marriage to a US citizen was a marriage fraud, then, yes, it could be a problem.

If he was referred to Immigration Court and ordered removed in his absence, this could be a problem too. Unlawful presence in USA and departure from USA, made him inadmissible for 10 years (if he overstayed for over one year).

How long ago he left the USA?

You should probably discuss your husband's situation with a US immigration attorney.

Please let me know if you have any additional questions: Attorney [@] law-visa-usa.com

Read more
Answered on 8/14/09, 2:29 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Depending on whether there is no other unlawful presence that would total more than 180 days, no adverse reason for the NOID that has yet to be resolved, and if your husband is otherwise admissible, then he would be your derivative and could immigrate. These issues must be resolved favorably and addressed in his immigrant visa package.

I would be delighted to consult you on this matter to assure it is best handled. If you visit my website at www.yardum-hunter.com, you'll find many testimonials and information concerning immigration law to help you know my practice and how I can help you. You can also contact me at 818 609 1953 and at [email protected].

Read more
Answered on 8/15/09, 5:47 pm


Related Questions & Answers

More Immigration Law questions and answers in California