Recent content by James Mills

Depends on how long you overstay. 6-12 months of overstay is a 3 year bar. More than 365 days of overstay is a 10 year bar. There are some exceptions where overstay does not run and may not apply so it is best to check with an immigration attorney. Jim Mills

Very, very, good question. Cancellation of removal for non-LPRs is extremely difficult. It does not sound as if you are even close but the situation is so fact sensitive that it is impossible to do without an in-depth discussion and analysis. The standard is "Exceptional and Extremely...

Is this the case of an alien using a false ID and claiming to be a USC? If so, from an immigration perspective it is fatal. A false claim to US Citizenship (with very few, very narrow, exceptions) results in a lifetime bar from all benefits under the Immigration and Nationality Act. Jim Mills

If the case is still pending with the Immigration Court, the person is not in withholding status. That decision will be made by the Immigration Judge at an individual hearing. If you are married to a USC, I would file an I-130 immediately. Then, when the I-130 is approved, I would make a...

Based on the current visa bulletin, you would have a 6 year or so wait (assuming you are from India or China). You need to be careful though since these times change month to month. If you had applied in the EB-2 category six years ago (in 2003) you most likely would have had a green card in...

Watch out for absolute statements like this. Look. Whether a contract is enforceable of not is a matter of the contract, the factual situation, and the laws of the specific state which govern the contract. Without knowing a lot more, it is impossible to say whether your contract is...

Not exactly. A TN is a nonimmigrant visa. Although the H-1B status doesn't have anything to do with a TN application, the pending green card application certainly does. Border officials sometimes do not make an issue of this, but it can be an issue. The best bet may be to marry and file for...

No, but "The lawyer helped her to use one fake position of "education corrodintor" to apply EB2 ( using her master degree ). However, her position is nothing to to with education, is social service field. . . . Now she still doesn't know how she get the whoe process of GC coz my help." certainly...

Right, the Voluntary Departure eliminated the bar for a deportation but you still have an overstay of more than 365 days so there is the 10 year bar to get around. Jim

Never said google - ARCHIVES.

Go to the archives and search on Jim Mills. You will then understand what I am, and it is not a government employee of any type. Jim

How hard an EB-5 is depends on whether you are using a regional center, which regional center you are using, and how difficult it is to track the money from you to the regional center and prove that it was legally earned. Jim

Deportation is one thing and is probably unlikely (unless you get yourself into real trouble) however, any crime would be within the 5 year look-back period for good moral character and therefore would almost completely prevent your naturalization for another 5 years. Jim

The crime is one thing and the unauthorized employment is another. Status violations are not a high priority for Detention and Removal Officers. However, you never can tell what will happen so you could be detained or issued a Notice to Appear. Jim

Don't know who he is but in this case he s right. The sentence does not have to be 5 years to be an agg fel and some crimes can be agg fels under immigration law even if a misdemeanor in state law. Jim