Georgia Immigration Legal Questions

Unfortunately unless you meet the very limited exceptions of naturalization law of working abroad for the US government or certain US media organizations, etc., you do not meet the physical presence role for naturalization which is to have resided physically on U. S. soil for at least 2 ½ years out of 5 years directly before the application is filed. Unless you fit into an exception, I recommend that you file for naturalization four years and one day since coming back to the U. S. and resuming your residence. 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

I assume that you are talking about a Georgia ID. In taking a quick perusal on the Internet, it appears that the state of Georgia does accept green cards (I-551s or I-551 stamps), but the DDS also requires two documents showing residence in the state. It recommends documents such as recent utility bills, financial statements, or current rental agreement. Once you have the documents, I guess that you should try again. Good luck! 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

Generally, the divorce of a foreign national who has been Permanent Resident for at least four years and nine months should not interfere with her eligibility to apply to become a naturalized U.S. citizen. In the naturalization application process, it would be feasible for the USCIS adjudicating officer to inquire about a divorce in order to determine whether there may be reason to suspect fraud in the foreign national's adjustment of status, but where a marriage has lasted five years, that is unlikely to be a serious concern. Of course, there are many other details that determine eligibility for naturalization, and any special circumstances relating to the divorce could require additional attention. 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.... Read Answer

While I respect that you and your fianc? face financial challenges, the situation you described presents significant risks and it would be a mistake for you and your fianc? to try to pursue adjustment of status without engaging an immigration lawyer. Very recently the USCIS announced that it will apply a high level of scrutiny to marriage-based adjustment of status cases where the foreign national spouse entered the U.S. with a visa requiring "nonimmigrant intent," i.e. an intention to remain only temporarily and then depart, and then soon took steps indicating an intention to remain temporarily. A visitor's visa (or entering from Canada with TN status) requires nonimmigrant intent. Marrying a U.S. citizen is an event reflecting immigrant intent, and the USCIS may deem your fiance to have fraudulently entered the U.S. by misrepresenting his intention. Immigration fraud can have very harsh consequences, including a permanent bar to immigration benefits. An applicant can try to persuade immigration officials that he had nonimmigrant intent, but understandably changed his mind after learning his girlfriend is pregnant. That becomes more challenging when immigration officials at the border already suspected immigrant intent even before he knew you were pregnant. There are several options that may be appropriate to consider to achieve your goal of living together and raising a family in the U.S., with your husband attaining Permanent Resident status (i.e. getting a "Green Card"). There really is no substitute 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

It indeed may be possible to obtain Medicaid benefits for your pregnancy and birth of your child without this constituting the type of receipt of needs-based public assistance that would interfere with eligibility to apply for a "Green Card." It would be wise for you and your husband 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 immigration application process.... Read Answer

I assume that you are a U.S. citizen and you plan to marry the foreign national who is the love of your life. Significantly more information would be needed, however, 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. There really is no substitute 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

Significantly more information is needed in order to provide a legal analysis of ways your fiance may be able to become a Permanent Resident (to get a "Green Card"). 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 fiance (How and when did he enter the U.S. What is his current immigration status?); Etc. Be aware that the USCIS recently announced new scrutiny for instances where a foreign national enters the U.S. with a visa requiring "nonimmigrant intent" (such as with a visitor's visa, a student visa, etc.) and then soon become married to a U.S. citizen and/or takes other steps inconsistent with nonimmigrant intent. ("Nonimmigrant intent" is an intention to enter the U.S. only for a temporary stay and with an intention then to return abroad.) If immigration authorities determine that the foreign national misused that type of visa, it may be treated as visa fraud, with very harsh immigration-related consequences. There really is no substitute 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

More information is needed in order to provide a legal analysis of eligibility for adjustment of status in the U.S., including information about your fiance's immigration-related history. If you are a U.S. citizen and your fiance entered the U.S. lawfully and with inspection, but then overstayed her visa, you indeed may be able to sponsor her for adjustment of status - a process that would not require her to leave the U.S. and pursue consular processing. Of course, there are many other details that determine eligibility. 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

A foreign national's divorce from a U.S. citizen does not trigger loss of Permanent Resident status, even if the foreign national became a Permanent Resident through a marriage-based immigration application. More information is needed in order to provide an analysis of any steps that may be necessary or useful in connection with maintaining Permanent Resident status following a divorce. It would be wise for you to consult with a domestic relations/divorce attorney to address your rights and obligations in connection with a divorce, and to consult with an immigration attorney about immigration-related considerations.... Read Answer

There is no visa category by which a Permanent Resident may sponsor a parent for adjustment of status, although there is for a U.S. citizen to sponsor a parent. Of course, many other details beyond the parent/child relationship determine eligibility. 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

Generally, to sponsor your parents you will need to file an Affidavit of Support, and if you have insufficient documentable income for sponsoring your parents, it will be necessary for another U.S. citizen or Permanent Resident (whether your husband or someone else) to serve as a joint sponsor, and that person will need to submit an Affidavit of Support too. Of course, there are many other details that determine eligibility and Affidavit of Support requirements. It would be wise for you and your family 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 about your son's ability to sponsor a wife and about the appropriate way for her be able to come to the U.S., and errors can have very harsh immigration-related consequences. There really is no substitute for your son and his fiance or wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain the couple's immigration-related goals, and who then could offer legal representation in the often complex application process.... Read Answer

More information is needed. Did he enter the U. S. with a visa? Has he filed for adjustment of status? The I-130 petition will not prevent him from being questioned, nor does it prevent someone who is unlawfully present or an overstay from being placed in deportation/removal proceedings. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, before there are any more complications.... Read Answer

There are a number of concerns, since you met him when you were a minor and conceived a child with him before your 18th birthday. In addition, it is unclear whether he will have to consular process and seek a waiver, which can take a lot of time, create frustration, and may require him to live outside the U. S. for the next ten years. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, before there are any more complications. Good luck.... Read Answer

The form I-765 should have been filed with the adjustment application, because there is no additional fee. You should file it, because it is possible that your L1 visa will expire before there is an interview and a final decision. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

More information is needed about the underlying adjustment. How did you enter the U.S. If you entered the US with a visa and overstayed, then you are allowed to file for adjustment. There may be other exceptions, but those who enter without inspection often have trouble. How many children does your wife or joint sponsor have? Usually, but not always, a joint petitioner may be able to act as a joint sponsor with less than $30,000. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, before there are any more complications.... Read Answer

Significantly more information is needed in order to provide a legal analysis of ways you may be able to achieve Permanent Resident status earlier than the date by which an immigrant visa will become available for you in connection with the approved I-140. 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

An EAD does not authorize travel and re-entry into the U.S., but instead it authorizes employment. If you simultaneously applied for an EAD and for Advance Parole (sometimes called a "travel document"), you may receive a combination EAD/AP card. Lately the USCIS has been taking about 100 days from date of filing to approve EAD/AP applications. If you travel abroad after applying for AP but before approval, you will be deemed to have abandoned that application. When you suggest that you could re-enter with your Canadian passport, essentially what you are suggesting is re-entering under "Treaty Nafta" or "TN." That is permissible only for someone who intends to stay in the U.S. only temporarily and then depart. Misuse of TN or of a visitor's visa can be deemed to constitute visa fraud and can cause some very harsh immigration-related consequences. It may be wise to plan a honeymoon at a destination inside the U.S. or to postpone plans for a honeymoon until after receipt of Advance Parole.... Read Answer