Questions Answered by Susan Beth Henner - Justia Legal Answers

• 1 May 2012Q: I would like to know , how long its takes to come back in the us after being deported? thanks.
  A: It depends on the reason for deportation. Different crimes or reasons for removal will subject the deportee to different time periods they must remain outside the country. Some drug convictions, for example, may mean that the deportee may never be permitted to return to the US. Other crimes may invoke a twenty year bar or a ten year bar depending on the reason for deportation.
• 1 May 2012Q: My husband has been here illigaly for over 20 years and works every day I am a US citizen how do I help him
  A: It depends how he came to the United States. You can sponsor your husband if he either came with a visa, or if he had filed (or someone filed on his behalf) a petition prior to April 30, 2001. Otherwise, you should discusss the case with a qualified immigration lawyer to see any other options he may have. You can contact our office at 914-358-5200.
• 1 May 2012Q: I'm married permanent resident for 4 years now. Is my brother (not married) eligible for family unity program?
  A: In order to sponsor your brother you would need to be a US citizen. Sponsorship of a sibling takes many many years; in some cases 12 to 15 years.
• 1 May 2012Q: Does my husband need to file a overstay waiver for me?
  A: If you entered with a visa waiver and are married to a citizen you can apply for adjustment of status and a visa. You need not file a special waiver form for this type of case. You may obtain a copy of the I-94 card you used to enter by filing Forn I-102 with the USCIS and providing the date of entry etc on the forms.
• 10 April 2012Q: My fiance is incarcerated sentenced to 4yrs n 5yrs parole. Will he be deported?
  A: It depends. What is the crime for which he was incarcerated? Is there any reason he can not return to his home country? Does he have a green card or is he illegal here? It sounds like he was convicted of a felony. Normally this would render him removable in most cases. However there may be relief from deportation for him depending on when the crime occurred and what it was. Also if he can not return home or has relief from removal he can in some cases apply to remain in the US. He will at some point have a hearing with an immigration judge. Make sure he speaks to a qualified immigration lawyer prior in order to determine any forms of relief for him.
• 10 April 2012Q: Getting paid less than prevailing wage. Filing for H1b.
  A: The employer must pay the prevailing wage or exceed it. The levels may be determined by reviewing the requirements for the position and then equating them to your actual experience and education. The lesser job you mention sounds like it may not qualify for H1B status. Remember the position itself must require the holder of a bachelors degree. It must have the proper svp level (usually 7 or above). You may want to talk to the employer about increasing your wage or about reducing your hours and switching to the hourly calculations of salary until you fit properly in your required level. Once the LCA is approved the cases are not usually denied on salary grounds. The reasons for denial include the fact that the position itself is not a speciality occupation or that you do not possess the required education or experience to perform the duties described in the petition.
• 10 April 2012Q: When filing an I-129 expedited, do I pay the regular $ 325 + the $ 1225 fee, or only $ 1225?
  A: The employer is required to pay the $325 and the $1225 premium fee. In addition if it is the first time an employer is filing for the individual they must also pay the $500 fraud fee as well as the employer fee of $750 or $1500 (depending on the size of the sponsoring employer).
• 10 April 2012Q: If my son is bearer of a green card since 4 years before, and now he is 14 years old, should he file for renewal the gre
  A: Generally the green card is valid for ten years. Look on the front of the card for an expiration date. Your son should file for an extension of the card a few months prior to the expiration of the current card. He can file right on line in most cases.