Georgia Immigration Legal Questions

I presume that you are a U.S. Citizen over age 21. If that is accurate, then it may be possible for your mother to complete an adjustment of the application process in the U.S., but further information is needed. For example, when your mother applied for and when she entered with a visitor's visa, did she disclose that her child is a U.S. citizen and had already filed, or soon would file, a Form I-130 Petition for Relative Alien? There really is no substitute for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Without knowing significantly more information, it is impossible to provide a legal analysis of complications relating to your marriage certificate and to the most appropriate steps to take to address that. What is the reason for the discrepancy? Is there any legal issue about whether the marriage was performed in a lawfully valid way? Etc. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Among the requirements for a Permanent Resident who is age 18 to be able to apply for naturalization are those relating both to: (a) residence in the U.S., and (b) physical presence in the U.S. While these may sound similar, they have different legal meanings. There really is no substitute for your son to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain his goals, and who then could offer legal representation in the often complex application process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.... Read Answer

The timing depends on your country of chargeability/birth, as certain countries are backlogged. Assuming there is no backlog in country of chargeability, then EB-1C is taking about 11-13 months. EB-2 is generally faster provided your category is not backlogged. If you'd like to learn more about the application process, please contact our office.... Read Answer

A foreign national may marry in the U.S. regardless of whether she has received a receipt number associated with an application to extend a J1 visa. Although not clear from your question, I presume that your fiance is a U.S. citizen. If that is correct, then it may be possible, after marriage, for you and he to succeed in a marriage-based adjustment of status application in the U.S. (without returning to the Philippines), so that you may become a Lawful Permanent Resident (get a "Green Card"). There are multiple details that would need to be addressed in order to determine eligibility for this, including, for example, whether there may be a two-year home residency requirement associated with your J-1 visa, and if there is such a requirement, whether it can be waived. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally, if a foreign national has overstayed a nonimmigrant visa, he is ineligible to apply to change status (to another nonimmigrant visa) or to adjust status (to become a Lawful Permanent Resident - to get a "Green Card") in the U.S., and instead must travel abroad and go through "consular processing." If the foreign national has been out of status for 180 days or longer, he may be subject to a 3-year bar to re-entering the U.S. (if out of status for a year or longer he may be subject to a very harsh 10-year bar). One exception to the foregoing is a marriage-based adjustment of status application for a foreign national married to a U.S. citizen. This exception does not apply to a foreign national married to a Permanent Resident ("Green Card" holder). It would be wise for you and your fianc?e to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally, if a foreign national entered the U.S. lawfully and with inspection (such as with a B2 visa), then overstayed that visa and succeeded with a DACA application (or even if he/she never filed a DACA application), and then became married to a U.S. citizen, the couple may succeed with a marriage-based adjustment of status application so that the foreign national will become a Lawful Permanent Resident (will get a "Green Card"). After being a Permanent Resident for three years, that foreign national then can become eligible to file an application to become a naturalized U.S. citizen. Of course, there are many other details that determine eligibility. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

There is no visa category for a U.S. citizen to petition for a friend to gain immigration benefits. Instead, your friend would need to assess potential eligibility based upon a family relationship or employment. The details and considerations about either a family-based or employment-based immigration case are far too detailed and complex to be addressed in a reply in this forum. If your friend has a family relationship or an employer or potential employer who may be willing to sponsor your friend, then it would be wise for your friend to schedule a consultation with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your friend's goals, and who then could offer legal representation in the often complex application process.... Read Answer

Far more information is needed in order to provide a legal analysis of your eligibility for immigration benefits. This includes, for example, information about your mother's immigration status (is she a U.S. citizen? is she a Permanent Resident? does she have some other status?); information about you (How and when did you enter the U.S.? What is your current immigration status? What immigration-related applications ever before have been filed by or for you?; do you have a record of arrests, convictions, and so forth); Etc. There really is no substitute for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

A foreign national who applies to become a naturalized citizen after being a Permanent Resident for 7 years will not need to show that she continues to live in a bona fide marital relationship. If before or during the naturalization application process you become divorced then it will be necessary to reveal that your marital status is divorced. Whether divorced or not the USCIS is permitted to seek documentary evidence that your marriage-based adjustment of status case was legitimate, and so it could be wise to be prepared to provide evidence (such as joint tax returns, residential lease or ownership documents, joint bank account records, birth certificates for children of the marriage, utility bills, insurance documents, etc.). No detail that you mentioned gives me even the slightest pause in believing that your husband could complain to the USCIS that your marriage was fraudulent (and that he, himself, presumably participated in the fraud). For immigration-related issues, it would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process. Regarding your rights and obligations related to a divorce, it would be wise for you to engage, without delay, a domestic relations/divorce attorney - among other things, a domestic relations attorney could discuss with you what appears to me an absurd assertion that a husband could convince anyone that a marriage was fraudulent notwithstanding that, I presume, the husband testified under oath about the genuine nature of the marriage in a marriage-based adjustment of status case and notwithstanding that the marriage produced two minor children). A domestic relations attorney also could provide the type of advice and legal representation you need when addressing what sounds like an absurd negotiation bullying technique, when addressing division of property, when addressing custody/child support/visitation for your children, etc.... Read Answer

Significantly more information is needed in order to provide a legal analysis of naturalization eligibility. Arrests for failing to pay speeding tickets can be viewed by the USCIS as a lack of attachment to the laws of this country and as reflecting a lack of good moral character. The dates of the offenses, the court outcomes of the offenses, other "blemishes" in your record, other evidence of good moral character, etc. may be key details in assessing eligibility. There really is no substitute for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process. ... Read Answer

Generally a U.S. citizen may sponsor his foreign national wife for immigration notwithstanding that the U.S. citizen spouse may have had a serious criminal conviction decades ago. Of course, there are many other details that determine eligibility. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Significantly more information is needed in order to provide a legal analysis of ways your fiance may be able to attain immigration benefits, ultimately resulting in becoming a naturalized citizen, but generally when a foreign national abroad is engaged to become married to a U.S. citizen, an application for consular processing of a fiance visa will enable the foreign national to come to the U.S. for the purpose of becoming married within the required time. After that, the couple can go through the Adjustment of Status application process so that the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

As you probably realize, fees charged by immigration law firms depend upon many factors including the type of case for which legal representation is sought (naturalization, consular processing, adjustment of status, change of status, removal/deportation litigation, etc., etc.), the complexities and problems that might need to be overcome, and so forth. Some attorneys charge fees based upon the amount of time spent by the attorneys in the firm, billed against an advance retainer payment for the estimated total costs.... Read Answer

Generally, a foreign national who entered the U.S. lawfully and with inspection (such as with an H4 visa), and who then became married to a U.S. citizen, may succeed in a marriage-based adjustment of status application to become a Lawful Permanent Resident (to get a "Green Card"), notwithstanding that the foreign national spouse became out of status and successfully applied for DACA. Of course, there are many other details that determine eligibility. It would be wise for your friend's son and his spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

It depends. If you plan on living in the United States, then you will need to become a lawful permanent resident. As a result, you will definitely need a green card. A British subject is allowed to apply for a visitor visa. This can be done online without a visit to the US Embassy. However, you must intend to visit for less than 90 days. There are some disqualification. You may want to consult with a competent and experienced immigration attorney before you file for a non-immigrant visitor admission. Good luck.... Read Answer

Generally, a U.S. citizen aged 21 or older may sponsor her parents for immigration, and this is true regardless of whether she also has petitioned for a fiance or for a spouse. As part of the application process a petitioning U.S. citizen must provide documentary evidence that she has sufficient income to meet the requirements contemplated in the Affidavit of Support for the applicable family size. Family size in that context includes all persons who are being sponsored for immigration benefits. If the U.S. citizen does not have sufficient documentable income, it may be necessary for her to have a joint sponsor for the process. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the obligations contemplated in the Affidavit of Support may qualify as a joint sponsor. Of course, there are many other details that determine eligibility for immigration benefits. It would be wise for you, your fiance and your parents to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally, whether a U.S. citizen may be disabled will have no bearing on eligibility to sponsor a spouse to attain immigration benefits. If the U.S. citizen does not have sufficient documentable income to support a spouse as specified in the regulations (based upon such things as family size), then it will be necessary to have a joint sponsor for the immigration petition. Generally a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support form that must be used in the application process. Of course, there are many other details that determine immigration eligibility. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Sorry to hear about the difficulties in your marriage and your contemplation of divorce. If you already are a Permanent Resident, then be aware that your husband will be unable to cancel your "Green Card." If after five years of being a Permanent Resident you apply to become a naturalized U.S. citizen, the fact that you became divorced will have no bearing upon naturalization eligibility (although the USCIS may require documentary evidence that you and your husband were living together in a bona fide marriage notwithstanding that it ended in divorce). You should consult with a domestic relations/divorce attorney where you live for information about responsibilities, rights and processes relating to divorce, and when you become eligible to apply to become a naturalized citizen, you should consult with an immigration attorney.... Read Answer

There is no maximum allowable time after I-130 approval for filing a Form I-485 Application for Adjustment of Status. Generally, people prefer to file as sooner rather than later, and the earliest date for filing I-485 generally relates to the applicable family-based visa category (e.g. based upon marriage to a U.S. citizen, based upon marriage to a Permanent Resident, based upon other family relationship) and the "Priority Date" established in the then-current Visa Bulletin issued by the U.S. Department of State. It would be wise for you and your relative (spouse, parent, child, other) to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally a person who is a U.S. citizen (whether by birth or through naturalization) and who is age 21 or older, may sponsor a parent for immigration in the Immediate Relative visa category. This is true even if the parent entered the U.S. lawfully and with inspection (such as with a visitor's visa) and then overstayed that visa. Note that your mother would not have been eligible to extend her visitor's visa if it was her intention to become sponsored by you for adjustment of status so that she could remain in the U.S. permanently. Of course, there are many other details that determine eligibility for your mother. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

The processes for obtaining a marriage license and completing a wedding are governed by the laws of the state where the marriage takes place. Usually those processes and rules (including ones about needed documents) are fairly straightforward and can be found in state or county government websites. Becoming married to a U.S. citizen will not, alone, entitle your fiance to remain in or be authorized to work in the U.S., but marriage can create eligibility for a marriage-based adjustment of status application - a process by which your then-husband would become a Lawful Permanent Resident (would get a "Green Card"). Of course, there are many other details that determine eligibility for the adjustment of status application process beyond merely becoming married. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally, if a foreign national enters the U.S. lawfully and with inspection (such as with a visitor's visa), and then later becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application process so that the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). This is true even if the foreign national spouse may have overstayed her initial visa. The cost for legal representation in an application process can depend upon complications that should be addressed in a consultation with an immigration attorney. In that way, after learning all of the relevant information, the attorney could advise about eligibilities, options and strategies to attain your goals, and then could propose fees for legal services and offer legal representation in the often complex application process.... Read Answer

Significantly more information is needed in order to provide a legal analysis of ways you may be able to sponsor your mother for becoming a Lawful Permanent Resident (and five years after succeeding with that, she could petition to become a citizen). This includes, for example, information about your own immigration status (Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); information about your age; information about your mother (How and when did she enter the U.S.? What is her current immigration status? What immigration-related applications every before have been filed by or for her?); Etc. There really is no substitute for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Since your wife became a Permanent Resident only approximately 18 months ago, it will take some time before she will become eligible to petition to become a naturalized citizen - in most cases the spouse of a U.S. citizen may file for naturalization as early as 90 days before the end of three years from the date of becoming a Permanent Resident. At that time, the employment status of the applicant's husband should be irrelevant. Of course, there are many other details that impact naturalization eligibility. When approaching the time for filing an application, it would be wise for your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain her goals, and who then could offer legal representation in the often complex application process.... Read Answer