[NJ] What can you do if a family member on a K-1 visa is detained without a criminal record?

NJ Immigration Law

Guillermo Senmartin

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If he entered on a K-1 fiancé visa and did not get a green card through that fiancée/spouse, then he's going to be in big trouble because he cannot get a green card through anyone else unless he leaves the U.S., and if he leaves the U.S., he would probably have a 10-year ban. So, if he is still married to the original fiancée, then she must file an I-130 for him in order to start the process to help him stay. As long as he did not commit any crimes that could make him inadmissible, that is his best chance.

I-130, Petition for Alien Relative

I-485, Application to Register Permanent Residence or Adjust Status

EOIR-42B - Application for Cancellation of Removal and Adjustment of Status

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Newark New Jersey immigration lawyer

Lexi, Chatbot

I understand that finding the right immigration lawyer is important for your situation. What specific immigration issue are you facing that requires legal assistance?

Yes

Lexi, Chatbot

Have you already consulted with any immigration lawyers, or is this your first time seeking legal help?

First time

Lexi, Chatbot

Is there anything else the immigration lawyer should know before I connect you? Rest assured they'll be able to help with your immigration issue.

Guillermo Senmartin

Hi there, and welcome! I’m Guillermo Senmartin, a licensed U.S. immigration attorney with over 27 years of experience in this area. I’m really glad you’re here, and I’m looking forward to helping you.

Just a few quick notes to make sure you get the best experience: I’ve had the privilege of helping people online for over 17 years, with a nearly 99% satisfaction rating, helping over 88,000 customers. I always aim to give honest, clear, and helpful guidance, even when the answers might not be exactly what you hoped for.

Could you tell me more about your specific immigration issue so I can assist you better?

I have a family member incarcerated by ICE in Newark, New Jersey

Guillermo Senmartin

I'm sorry to hear about your family member's situation. Let's see how we can help. Could you tell me if your family member has had any previous immigration issues or hearings before this detention?

Guillermo Senmartin

Got it, thanks for letting me know. Where is he or she from? How did he or she last enter the U.S., with a visa or illegally? If with a visa, with which visa? When did his or her legal stay expire? Has he or she committed any crimes?

He came on a fiancé visa, he has no criminal record

Guillermo Senmartin

A K-1 fiancé visa? Did he marry and file through that fiancée?

Yes he did

Guillermo Senmartin

Did he file the I-485 to adjust status at all? Why did he end up being detained?

That's exactly why I'm looking for a lawyer to let me know

Guillermo Senmartin

59,884 satisfied customers

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