Georgia Immigration Legal Questions

There is no visa category by which a U.S. citizen may petition for a mother-in-law or a father-in-law, or by which a Permanent Resident may petition for parents. You mentioned that your parents are legal to work in the U.S., but you did not mention their current nonimmigrant visa status. There really is no substitute for your family to consult with an immigration attorney who, after learning all of the relevant information about your family members, could advise about potential immigration eligibilities, options and strategies to attain your goals.... Read Answer

A full analysis of eligibilities, options and strategies for you would require more information, including information about your husband's approved I-140 application, its visa category, your and his nationality, etc. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, would be able to advise you and would be able to offer legal representation in pursuing the most appropriate course of action.... Read Answer

Without significantly more information it would be impossible to say which of the two immigration attorneys may be providing the best immigration legal advice. If you have confidence in one or both of those attorneys, then you should have a frank discussion about the advice provided and about the contrary advice made by the other attorney. Alternatively, you should select and engage an immigration attorney with whom you have confidence; that attorney, after learning all of the relevant information about your birth, your parents, any immigration-related applications that already may have been filed for you, etc., would be able to advise about immigration eligibilities, options and strategies and could offer legal representation in any application process.... Read Answer

Generally, if a foreign national has entered the U.S. lawfully and with inspection, and he later becomes married to a U.S. citizen, the couple may successfully pursue a marriage-based adjustment of status application process. This is true even if the foreign national may have long overstayed an initial visa. The application process includes multiple steps, including filing properly prepared and fully documented Petition for Relative Alien, Application for Adjustment of Status (with an application for an Employment Authorization Document), biographical information forms, an Affidavit of Support by the U.S. citizen spouse (and by a joint sponsor if the U.S. citizen spouse does not have sufficient documentable income, etc. It would be wise for you and your fiance to consult with an immigration lawyer who, after learning all of the relevant information about your fiance, about his immigration-related history, about you, etc., would be able to advise about immigration eligibilities, options and strategies, and could offer legal representation in the often quite complex application process.... Read Answer

More information is needed in order to advise about immigration options for your parents. For example, are you, yourself, a U.S. citizen? What are your parents' U.S. immigration-related histories? Etc. It would be wise for you and your parents to consult with an immigration attorney who, after learning all of the relevant information, could advise about immigration eligibilities, options and strategies for your parents.... Read Answer

While receiving means-tested public assistance can interfere with adjustment of status eligibility, that generally applies to a foreign national applicant, not the foreign national's child, receiving the aid. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, including about the application for and receipt of means-tested public assistance by your daughter, could advise about immigration eligibilities, options and strategies for you, and could offer legal representation in the often quite complex application process.... Read Answer

The Affidavit of Support form requires that the sponsoring U.S. citizen identify his/her own income, and if that income is not sufficient to meet the I-864p poverty guidelines for the applicable family size, then it may be necessary to have a joint sponsor. The joint sponsor generally may be any adult 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. This is an example of just one of the details in the application process that can be significantly more complex than it first may appear to be. Errors or inadequate supporting documents can create significant delays or even more harsh consequences. It would be wise for you, your mother (and, perhaps, your husband) to consult with an immigration attorney who, after learning all of the relevant details, would be able to advise your family about eligibilities, options and strategies and could offer legal representation in the application process.... Read Answer

Many H1B holders are faced with the same question as you, and many choose your fallback plan. This appears to be the right approach for the sake of security. Of course, as you know, many take the other course with the EAD and advance parole. I do note that the Trump administration will be making it appreciably more difficult for individuals to obtain advance parole in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

There is no visa category by which a U.S. citizen may sponsor a boyfriend or girlfriend for immigration benefits, but a U.S. citizen may sponsor a spouse in a marriage-based adjustment of status application process. For that, the couple needs to be old enough for the marriage to be lawful where it takes place, but beyond that there is no age limit for immigration application eligibility. Of course, there are many additional details that determine eligibility; if you and your boyfriend are considering getting married, it would be wise for the two of you to consult with an immigration attorney who, after learning all of the relevant facts, would be able to advise about eligibilities, options and strategies, and then could offer legal representation in the often quite complex application process.... Read Answer

Best wishes with your plans to become married. A visitor's visa requires a foreign national to have an intention to enter the U.S. only temporarily and then return home; if a person enters the U.S. with the intention of becoming married and then applying to become a Permanent Resident, the USCIS may deem the entry with a visitor's visa to have been fraudulent, with a risk of very harsh consequences. If a foreign national genuinely intends to visit and spend more time with a boyfriend in order to then make a decision about whether to become married, that may not be incompatible with use of a visitor's visa, however. Alternatively, if a decision already has been made to become married, it would be possible to apply for a fiance visa that would permit entry into the U.S. for the purpose of then getting married within the required time, and then applying for a marriage-based adjustment of status. Yet another alternative would be for a couple to become married abroad and then plan to pursue consular processing for the foreign national to go to the U.S. and to become a Permanent Resident. It would be wise for you and your boyfriend to consult with an immigration attorney who, after learning all of the relevant details, could advise about immigration eligibilities, options and strategies, and then could offer legal representation in the often quite complex application process.... Read Answer

Under some circumstances it may be possible for a U.S. citizen to successfully apply for his/her parents to become Permanent Residents through an application to adjust status in the Immediate Relative visa category, notwithstanding that the parents overstayed their visitor's visa. There really is no substitute for the family to consult with an immigration attorney who, after learning all of the relevant details, could advise about immigration eligibilities, options and strategies, and then could offer legal representation in the often quite complex application process.... Read Answer

There are pros and cons to each option you mentioned, including those related to processing time. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant details about you and your fiance, could then advise about eligibilities, options and strategies and could offer legal representation in the often quite complex application process. Note that a properly completed and fully documented application package can avoid delays and even more harsh consequences regardless of which option is pursued.... Read Answer

More information is needed in order to provide legal analysis and advice. Are you a U.S. citizen? Are you and your fiance contemplating that he would apply for a fiance/fiance visa? There really is no substitute for you and your fiance consulting with an immigration lawyer who, after learning all of the relevant information, would be able to advise about immigration eligibilities, options and strategies, and who could offer legal representation in the often quite complex application process.... Read Answer

Generally, a foreign national who enters the U.S. lawfully and with examination (such as with a visitor's visa), and who later becomes married to a U.S. citizen, may succeed in a marriage-based adjustment of status application without any need to travel abroad for consular processing. This is true even if the foreign national may have overstayed or otherwise violated a nonimmigrant visa. There are exceptions, however, where the USCIS could conclude that the foreign national fraudulently entered the U.S. with a visitor's visa while intending to marry and stay in the U.S. permanently. It would be wise for the couple to consult with an immigration attorney who, after learning all of the relevant facts, could advise about immigration eligibilities, options and strategies and could offer legal representation in the often quite complex application process.... Read Answer

The required amount of documentable income necessary to meet the requirements for an Affidavit of Support in a family-based immigration application depends upon such things as the applicable family size and geographical location. A chart showing the relevant information may be found here: https://www.uscis.gov/system/files_force/files/form/i-864p.pdf As you can see, for most people the applicable amount of documentable income for a single person sponsoring two parents is $25,525. If the U.S. citizen relative does not have sufficient documentable income, it may be necessary to have a joint sponsor for the application process. 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. The application process can be more complex than it may appear just from reading the immigration-related forms, their instructions, the statute and the regulations. It would be wise for you and your parents to consult with an immigration attorney who, after learning all of the relevant information about your family, could advise about eligibilities, options and strategies and then could offer legal representation in the application process.... Read Answer

Generally in a marriage-based immigration application process the foreign national would also apply for an Employment Authorization Document (an "EAD" or "work permit"). The USCIS generally can be expected to issue an EAD within approximately 90 days of filing, and the EAD will authorize any lawful employment (without need for a sponsoring employer) while the Adjustment of Status application remains pending. It would be wise for you and your fiance/fiance to consult with an immigration attorney who, after learning all of the relevant information about you and the person you plan to marry, could advise you about immigration eligibilities, options and strategies and who then could offer legal representation in the often quite complex application process.... Read Answer

It will depend on whether or not you have a conviction for immigration purposes, how your charges were dismissed (DEJ, Diversion, Drug Ct., etc.) and how long ago the case was. I would suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your situation and advise you of your options.... Read Answer

More information is needed in order to provide an immigration legal analysis and to answer your questions. Note, however, that generally if a foreign national entered the U.S. lawfully and with inspection (such as with a temporary visa) and becomes married to a U.S. citizen, the couple can succeed with a marriage-based adjustment of status application without the foreign national needing to return abroad; this is true even if the foreign national spouse may have overstayed an initial visa. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information about you, your wife, your wife's immigration-related history, etc., would be able to advise about immigration eligibilities, options and strategies, and then would be able to offer legal representation in the often quite complex application process.... Read Answer

More information is needed in order to provide an immigration legal analysis. Depending upon the circumstances you already may be an American citizen by virtue of being the child of a U.S. citizen. If those circumstances do not apply to you, your parent may be able to sponsor you in the Family-Sponsored Third Preference visa category (married sons and daughters of U.S. citizens), but for that you may need to be in valid nonimmigrant status at the time of filing for adjustment of status. If you were to apply in that category through consular processing abroad, note that the duration of any unlawful presence in the U.S. may subject you to a 3-year or 10-year bar to re-entering the U.S. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information about you and your family, could advise about immigration eligibilities, options and strategies, and who then could offer legal representation in the often quite complex application process.... Read Answer

Generally, a U.S. citizen sponsoring a spouse in a marriage-based adjustment of status application process must have sufficient documentable income for his/her household size as specified in the current edition of the Poverty Guidelines shown in this link: https://www.uscis.gov/i-864p. When the U.S. citizen spouse does not have sufficient documentable income, it may be necessary to have a joint sponsor in the application process. Generally a joint sponsor may be any adult who is a 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. When a foreign national spouse in valid nonimmigrant visa status applies to adjust status in a marriage-based application, that spouse also will apply for an Employment Authorization Document ("EAD" or "work permit") and for Advance Parole ("AP" or a "travel document"). The USCIS generally grants an EAD and AP within about 90 days. The Advance Parole would authorize the foreign national spouse to travel abroad and to re-enter the U.S. while his/her adjustment of status application remains pending. If the U.S. citizen spouse did not travel abroad with the foreign national spouse, it may be necessary to have particularly strong documentary evidence that the couple are living together in a bona fide marriage notwithstanding one spouse's absence for a significant period of time. It would be wise to consult with an immigration attorney who, after learning all of the relevant information, including information about the type of visa held by the foreign national spouse, could advise about eligibilities, options and strategies and who could offer legal representation in the often quite complex application process.... Read Answer

Important information for analysis of your and your husband's situation is missing from your question. It sounds like you may have inappropriately filed a Form I-485 in addition to the Form I-130, and that is what triggered a biometrics appointment. If indeed your husband became subject to the very harsh 10-year bar, then he will be unable to re-enter the U.S. (through successful consular processing) before the expiration of that bar unless a waiver application is justified and has become approved; this is true regardless of whether a Form I-130 application has been approved. While it would have been best for you to have consulted with an immigration attorney at the time you initiated immigration-related legal steps, it would be wise for you now to consult with an immigration attorney.... Read Answer

A U.S. citizen age 21 or older generally is able to sponsor a parent for immigration benefits with an application in the Immediate Relative visa category. Of course, there are many other details that impact eligibility. It would be wise for you and your mother to consult with an immigration attorney about eligibilities, options and strategies, and if applicable, steps that might be taken to become prepared for filing an application the moment you become 21 years old.... Read Answer

Generally the failure to register with Selective Service due to not knowing the requirement will not stand in the way of naturalization eligibility if the applicant is already over age 31. The USCIS indeed may require that the applicant show that he attempted to register but was declined because he now is too old to register, and while that generally should be submitted as part of the naturalization application package, it may be possible to submit it at a later time. This is one of many issues that can be significantly more complex than it may appear just from reading the naturalization application instructions and the immigration statute itself, and it would be wise for you to work with an immigration attorney in the naturalization application process.... Read Answer