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He should not have been able to enter the second time, for 2 reasons: 1) He triggered a 10-year ban under INA 212(a)(9)(B)(i)(II) when he left after his first stay during which he accrued more than 1 year of unlawful presence (assuming the overstay was after April 1997 and he did not have a...

What state are you in? Do you have a primary ID or two secondary IDs for getting a US passport from this page? If you automatically became a citizen as a minor, you do not have a "Certificate of Naturalization". You could have gotten a "Certificate of Citizenship" by filing N-600, but most...

Who requires it? That does not make any sense. Why would a company employing someone in Canada require that person to have any status in the US?

If she qualifies right now with the correct dates, I don't see why she can't re-apply now

The CBP officer at entry has no power to send you (a permanent resident) back. If you stand your ground, the most they can do is give you a Notice to Appear for removal proceedings in immigration court, where the immigration judge will agree with you that you can obviously enter.

The grace period ended when you left the US. You will not be able to enter on TN since you are not entering the US to work. You will have to enter on B2 status, and normally admission on B2 is for 6 months (although the officer can deny you entry or let you in for a shorter time).

Yes. But there is a risk they may accuse you of misrepresentation, because in your I-539 for B2, you were required to attach a statement saying how your stay would be temporary.

She can file I-130, but you will not get the immigrant visa until the ban is over or is waived. Why didn't get get a green card while you were in the US? Why did you leave the US?

You are probably using the word "visa" incorrectly. You can't get a "visa" at an airport or border. A US visa is a sticker that takes up a full page of your passport and says "VISA" on it. As a Canadian citizen you don't need a visa to seek entry in most nonimmigrant statuses, so you have never...

I can't answer that. The regulation (8 CFR 211.1(b)(1)) says "a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien", so it clearly didn't contemplate the case where a surrogate child is born while the mother is still in the US.

I don't really understand what you say you "misinterpreted", because the 2nd anniversary of your marriage must be before the 2nd anniversary of your card. So you filed I-751 too early? Even if it is denied and you get put into removal proceedings, you can have the immigration judge in removal...

Are you still married and is your spouse willing to file a joint removal of conditions? A joint removal of conditions must normally be filed in the 90-day window before the 2-year card expires. Late joint ROC is only accepted if there is good cause. If conditional permanent residency is...

Yes, but you cannot work until the COS is approved.

There should be no problems with Consular Processing if there isn't an issue with the 2-year home residency requirement (i.e. it doesn't apply or has been satisfied or waived).

You mean Part 6 item 7 (your current individual annual income)? I think it should be 0. By the way, you can include your husband's income in your household income, if it will continue from the same source after immigrating. If that will make your household income sufficient, you might not need...

Keep in mind that you will need to report the income from the job on US taxes, as you will be a resident alien at least starting next year (you won't pass the Substantial Presence Test this year, but if you move to the US late this year or early next year, you will pass the Substantial Presence...

1. You should not enter the US into TN status with preconceived intent to file I-485 during that stay. If instead your employer filed I-129 for you while you are within the US, then that should be okay. 2. Yes, unless your spouse is cross-charging to your country of chargeability

You do not abandon a pending I-485 if you have maintained H1b/H4/L1/L2/K3/K4/V status until right before you left, and return on the same type of visa, even if you don't have advance parole. See 8 CFR 245.2(a)(4)(ii)(C) and (D):

As far as getting petitioned again and doing Consular Processing for an immigrant visa, it makes no difference if you get married in the US or in Canada. Like I said above, there is no rule that someone who has a pending or approved petition, or pending immigrant visa application, can't enter...

Well, you could apply for EAD and/or Advance Parole along with AOS. The EAD/AP do cost a few hundred dollars extra each, and do take several months to get. Once you get your EAD, you can work, and once you get Advance Parole, you can leave the US and return. No, except for the fact that you...