Georgia Immigration Legal Questions

Yes, a U.S. citizen (even a dual citizen) who becomes married to a foreign national spouse may succeed with consular processing for the spouse so she may enter the U.S. and become a Permanent Resident. This is true even if the U.S. citizen is unemployed, although in that instance it may be necessary to have a "joint sponsor." Generally, 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 may serve as a joint sponsor. It would be wise for your brother and his 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 goals, and who then could offer legal representation in the often complex application process.... Read Answer

The marriage-based adjustment of the status application process includes a medical examination and determination about whether an applicant may have a "communicable disease of public health significance" per INA 212(a)(1)(A)(i). Some sexually transmitted diseases/venereal diseases can render an applicant ineligible for immigration benefits, such as gonorrhea and syphilis (at an infectious stage). Of course, health-related grounds for inadmissibility are only some of the details that determine immigration-related eligibilities. It would be wise for the man you mentioned 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 the couple's goals, and who then could offer legal representation in the often complex application process.... Read Answer

The USCIS utilizes a robust background checking process and you should expect the USCIS to be aware of any citation, charge, arrest or similar matter whether you reveal it or not. Perhaps even more important, failure to disclose a criminal matter may have more harsh consequences than the underlying criminal matter itself, since that can be viewed as constituting immigration fraud. Generally, the USCIS will not approve a naturalization case while there remains an outstanding criminal matter, and instead the USCIS will require court-certified disposition documentation, including certified documents showing that all community service obligations have been completed when community service was required.... Read Answer

Significantly more information is needed in order to provide a legal analysis of the issues you raised. Of course, there is no visa category by which someone may file a Form I-130 Petition for Relative Alien for a girlfriend, and it does not sound like you are discussing an application for a K-1 visa for a fianc?e located outside of the U.S. There really is no substitute for you and your girlfriend to consult with an immigration attorney who, after learning all of the relevant information (including information about you, about your girlfriend, about your girlfriend's immigration-related history, about your goals, etc.), 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. unlawfully and without inspection, he/she is ineligible to apply for adjustment of status in the U.S., and instead must go outside the U.S. and "consular process." If the foreign has remained unlawfully presenting in the U.S. for more than a year, however, he/she may be subject to a very harsh 10-year bar to re-entering. A statute known as "Section 245(i)" provides an exception for certain foreign nationals who entered the U.S. unlawfully (or otherwise violated certain immigration rules). Among the requirements for 245(i) eligibility are that the foreign national must have been physically present in the U.S. on December 21, 2000 (or, in some circumstances, on January 14, 1998), and must have had an immigration filed for him/her on or before April 30, 2001. There really is no substitute for you and your U.S. Citizen 23-year-old child 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

Your upcoming marriage will not interfere with eligibility to naturalize, nor will the fact that you waited an unusually long time after becoming a permanent resident to start the naturalization process. You mentioned that you are awaiting an interview date after having filed your N-400 application last month, but note that in the adjudication process for a properly prepared and fully documented N-400 application the USCIS generally takes significantly longer than that to reach the interview stage. At the time of your naturalization interview and examination you will have an opportunity to update information in your N-400, including identification of your spouse. Once you become a naturalized citizen, you will be able to sponsor your wife in a marriage-based adjustment of status application; there is no need for you first to obtain a U.S. passport. Depending upon the circumstances, there could be advantages to petitioning for your wife while you still are a Permanent Resident, and then having the application category change once you become naturalized. For analysis of that detail, as well as evaluation of the many other details relating to immigration eligibility, it would be wise for you and your soon-to-be 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

Generally, in a marriage-based adjustment of status case in the Immediate Relative visa category, a foreign national can be granted an EAD and Advance Parole for use while the I-485 application remains pending. The EAD authorizes any lawful employment in the U.S. and the Advance Parole authorizes re-entry into the U.S. after travel outside of the U.S. Once your husband may have the EAD and Advance Parole, he should be able to be employed and to make business trips abroad. Further information is needed in order to advise about the Affidavit of Support required from the Petitioner in this type of case. Generally, if the Petitioner does not have sufficient documentable income to meet the I-864 requirements, the couple should get a joint sponsor. Generally, any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities associated with an Affidavit of Support will qualify as a joint sponsor. Details about the Affidavit of Support can be more complex than they might appear just from reading the I-864 instructions and reading the statute, and the same applies to other details governing immigration eligibility. 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 application process.... Read Answer

Mistakenly using an expired version of a form is just one of many, many details that can make a successful family-based adjustment of status process significantly more complex than it may appear. If the previously submitted I-130 and I-765 forms are the current version, and if the information on them remains accurate and up-to-date, then they may be submitted again with a proper I-485 and all other required supporting documents. It would be wise, however, to work with an immigration attorney who, after learning all of the relevant information, could assure that all appropriate documentation is submitted in the application package, could assure that valid versions of the immigration forms are used, could assure eligibility, and could represent you and your family member in assuring that the USCIS properly and timely performs its adjudication responsibilities.... Read Answer

There is no statute or regulation that makes the age difference you mentioned an impediment to a successful adjustment of status application, but you correctly recognize that such a large age difference can be expected to lead a USCIS adjudicating officer to be suspicious about whether you your husband live together in a bona fide marriage. You should expect a heightened level of scrutiny in the application process, including a requirement that you supply a particularly strong set of supporting documents to prove the bona fide nature of your relationship. Of course, there are many additional details that determine immigration 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

Significantly more information is needed in order to provide a legal analysis of ways your fiance may be able to attain immigration benefits. 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 (Is he in the U.S. now? If so, how and when did he enter the U.S.? What is his current immigration status? What immigration-related applications every before have been filed by or for him?); Etc. 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

Regrettably, there is no visa category by which a U.S. citizen may sponsor her father-in-law and mother-in-law for immigration benefits. If you and she are successful in the marriage-based adjustment of status case for you, then after three years of being a Permanent Resident you may apply to become a U.S. naturalized citizen, and then you, yourself, could petition for your parents. In the meantime, it may be worth exploring whether there are any other immigration options for your parents, such as an employment-based immigration case. Of course, there are many other details that determine eligibilities and options. 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 for you to adjust status, and could address potential options for your parents, too.... Read Answer

Generally, a U.S. citizen age 21 or older may sponsor a parent for U.S. immigration in the Immediate Relative visa category, and if the parent is located outside the U.S. then the process to be taken is known as "consular processing." Of course, many other details determine eligibility. 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

Assuming eligibility otherwise exists, a U.S. citizen may sponsor multiple people in immigration applications at the same time. In connection with the Affidavit of Support that must be included in application processes by which both your fiance and your father may seek to become Lawful Permanent Residents (to get "Green Cards"), your "family size" will need to contemplate both people, and if your documentable income may be insufficient to do so, then it may be necessary for you to have a joint sponsor in 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 associated with the Affidavit of Support. Both a fiance petition (with a subsequent adjustment of status application) and consular processing or adjustment of status for a parent can be more complex than may be apparent just from reading the applications' instructions, the USCIS website, and the immigration statute. 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

Significantly more information is needed in order to provide a legal analysis of options your stepson may have for U.S. immigration benefits. Note, that if one of his biological parents is a U.S. citizen, your stepson already may be a U.S. citizen by birth. There really is no substitute for a consultation 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 whether the inaccurate information previously provided to the USCIS will be problematic and what steps need to be taken to address that. Additionally, significantly more information is needed in order to provide a legal analysis of whether your husband may be eligible to adjust status in the U.S. There really is no substitute 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 application process.... Read Answer