Published on Lawyers.com and the Epoch Times on January 4, 2018

Q & A.

Green Card Holder Applying for Unmarried 28 Year Old Child

How long it usually lasts to bring over an unmarried 28 years old, biological daughter to the USA if I am a Green Card holder since 2014. Will my Citizenship (in two years) speed up her case? What is the fee for?

Mr. Lee answers:

A good guesstimate is 7-8 years. In this case, citizenship usually does not help as, believe it or not, a guesstimate for that situation is at approximately 8-9 years now for most people in the world. The current I-130 petition fee with U.S.C.I.S. is $535.  Insofar as our legal fee is concerned, we do not publicly quote but it is reasonable.

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Can I Have My Marriage Annul?

I married an illegal alien in 1991 who was supposed to be deported but fled to another country before they caught him. I need to know if we're married. I'm trying to get married and I haven't seen or spoken to him since 1991. I hoping that everything was just annulled. I'm trying to get married now and want that part of my life over. Also, we were married in Orleans parish by a Justice of the peace, but I do not remember what his name is.

Mr. Lee answers:

You cannot marry another without having your former marriage terminated. In every state, there is a record of marriage. In Louisiana, the office of the state registrar compiles and issues vital records for Louisiana citizens including for marriage. You can access the website at new.dhh.louisiana.gov. You can also check the records to see whether there has been a divorce filed by your marriage partner. If not, you can begin a divorce action on your own.

My Fiancé Is On Immigration Hold And Is Being Held In A Local Jail Facility

A month ago my Fiancé was getting out of court for a case he has for an Assault and Battery . Immigration was waiting for him outside and took him. He's been held and ICE obviously does not give me any information if he has a bond or not. I'm 4 months pregnant with his child and I'm a high risk pregnancy and he's my only provider for now. We have an apartment together but since he's not working due to being in jail I had to give up my apartment and now I'm staying with a family member for now. Is there any way he will be able to get out on bond or with an ankle bracelet because I need him more then ever to help me with my pregnancy and living situation. He was my only help and now that he's been gone so long I'm having so many problems emotionally and financially. He worked 24/7 and the assault and battery charge was for a fight we had and I'm fixing that in court because there were a lot of lies in the police report. What can I do to help him out?

Mr. Lee answers:

Hopefully the charge can be dismissed or changed as a conviction for domestic violence against a fiancé is a permanent bar to immigration. With a dismissal or change in character of the charge, and if you are a US citizen or permanent resident and marry and petition for him, ICE may give him a bond or release him on his own recognizance or with ankle hold assuming that he has not had prior criminal incidents or a bad immigration history.

Copyright © 2003-2019 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.