Immigration Issues/AOS Interview

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Question
Hello,

Will you accept to represent my friend if he applies for an immigrant visa and for two waivers?

Thank you very much.
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Followup To

Question -
Hello,

After my friend and his former wife divorced with each other. My friend asked her to help him stay in the United States. At the AOS interview, the immigration officer found that both of them had contradictory responses. Thus, he interviewed both more in depth and his former spouse had to declare the truth. Will he be forced to leave the USA? Will his new girlfriend be able to file I-130 for him if she gets married to her? Will my friend be able to remain if the USA if he files I I-601 Application for Waiver of Grounds of Excludability? If not, will he be able to file I-601 later in order to be allowed to come back to the USA before the time limit?

Thank you very much.

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Followup To

Question -

Hello,

Here I am again. Will he have any chance to come to back to the US if his new girlfriend files a petition for him? He told a lie at his AOS interview.

Thank you very much.
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Followup To

Question:

Does this mean that he will be able to stay in the USA if he get
married to his new US woman?

Thank you.
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Followup To

Question -
Hello,

My friend came to the US with a K-3 visa. However, since his sponsor
has had a new boyfriend, his I-485 was rejected. Now, he has just met a
single mom. Will he be allowed to stay in the US if he gets married to
her.

Thank you for your assistance.

Answer -
Section 245 (d) does not allow a K-1 or a K-3 to adjust status other
than through their fiancee/spouse.

Regards,

Robert

Answer:
No - it means that he is out of status fromt he date his I-485 is
denied and he can not get a green card through his new girlfriend by
interviewing here - he must go home to the U.S. embassy in his country. If he
stays here more than 180 days after I-485 is denied, he is subject to a
3 year bar. If it is mor than 1 year illegally it is a 10 yar bar if he
leaves.

Regards,

Robert



Answer -
what exactly was the lie?

Regards,

Robert

Answer -
Because he came in with a K-3 visa he can not adjust his status here by any other petitioner but his k-3 sponsor. Since that is no longer an option, his only path is to get married and file I-130 for consular processing. He will need at least two waivers, one for the misrepresentations at the interview and the other for the being illegally here for more than 6 months or 1 year and leaving the country. This will be a very complicated case to get through with many chances for Immigration to deny the waivers and the visa.


Regards,

Robrt

Answer
He has to understand that there is no chance of him being approved without leaving the country. If he leaves he becomes subject to the 10 year bar which we can apply for but is very difficult to get approved. Did his first wife sign a statement to Immigration that it was a business relationship?

If I would take the case, they would get married and we would file for the I-130 with consular processing. When he got the interview he would leave and then when he goes to his interview, they would give him the forms for the waiver and we would prepare it and the supporting documents and then he would file it and wait for a response.

My fee would be $7500 plus expenses with a 50% retainer and further deposits when the I-130 got approved and then another when he got an interview and the last when the waiver was approved and he was cleared for a visa.

Regards,

Robert

Immigration Issues

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