Questions
Immigation Law
If I came with a tourist visa to the U.S. can I extend my stay or change to another visa type?
Yes, there is a process to extend or change your status to another visa type. However, it is critical that you apply at the right time – not too soon and not too late.
If I entered illegally without being inspected or without a visa to the United States, can I get legal status?
Entering illegally into the U.S. creates a big challenge for many foreign nationals. It will depend somewhat on the reason for your leaving your country, your length of stay in the U.S. and whether you have close family members that are lawfully in the U.S., such as a wife, a child or a parent.
Can I acquire legal status or keep my legal status in the U.S. if I was convicted of a crime?
An attorney is always happy when he/she meets with someone who has been convicted of a crime but has not yet filed any forms or applications because the person can be advised in advance about problems and if so, what risks exist as well as outline all the courses of action available in their situation. There are waivers that can be filed for certain crimes. Also, an experienced criminal attorney can advise if a coram nobis or post-conviction relief petition is appropriate. This petition if successful could result in the elimination of the conviction, sentence reduction or modification of the charge.
What should I do if my family member is detained by ICE or an immigration officer?
Make sure your family member does not sign anything unless he knows exactly what he is signing, have him tell you his assigned alien number (A000-000-000) and seek the advice of an attorney or lawyer immediately.
Family Law
Can I get a divorce in the United States if I was married in a foreign country?
Yes, you can get a divorce in the United States, assuming you or your spouse meets residency requirements in that state. You may also be entitled to a divorce in the foreign country under some circumstances.
Can I get a divorce if I am not sure where my spouse is living?
Yes, it may be possible to get a divorce even if you are not sure where your spouse is. The more information you have to locate the spouse, the better. If your spouse cannot be served with the divorce complaint, you will need to request alternative service and document all efforts to serve your spouse. This can be difficult to do properly without an attorney.
How long does it take to get a divorce?
It depends on whether you and your spouse are in agreement, it can take as little as thirty days, or more than a year in some cases.
Can I get custody of my child?
If you and the other parent cannot agree on a custodial or access arrangement, a Judge can determine custody and the daily/holiday schedule, based on the best interests of the child. Some of these factors include the age of health of the child and parents, any past agreement, abandoning of the child, the location of the parents and any other relevant factors.
