Georgia Immigration Legal Questions

Best wishes with your marriage plans. Be aware, however, that there may be advantages to applying for your fiance to get a fiance visa to enter the U.S. and marry you here, and then pursuing a marriage-based adjustment of status application, rather than to marry in India and then pursue consular processing. Beyond that, be aware that if you do not have sufficient documentable income to meet the Affidavit of Support requirements, it may be necessary for include 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 contemplated for the Affidavit of Support. 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 More

Although not entirely clear from your question, I presume that when you initially applied for and were approved for a Permanent Resident Card (a "Green Card"), you disclosed all of the offenses you mentioned and provided to the USCIS certified court disposition documents. If that is accurate, then those criminal offenses should not stand in the way of eligibility to renew your "Green Card." Nonetheless, the matter can be complicated. 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 More

The USCIS generally considers a marriage to be valid for immigration legal purposes if it was legally valid where it took place. Note, however, that people are prohibited from entering the U.S. with a B1/B2 visitor's visa while intending to apply to adjust status to become a Permanent Resident. That is because a entry with a B1/B2 visa requires "nonimmigrant intent." Misusing a visitor's visa can have very harsh immigration-related consequences. 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 More

Generally, the USCIS will accept a marriage as valid if it was legally valid where it took place. In the application process a foreign national should be prepared to show an original or certified copy of a marriage certificate, and if that document is not in the English language, then it must be accompanied by (1) an English translation, and (2) a translation certification. Neither the translation nor the translation certification needs to be from an official translator, but instead may be from any adult who is familiar with both languages and capable of confirming the accuracy of the translation. The certification may be signed before an ordinary notary public. Note, however, that it is impermissible to enter the U.S. with a visitor's visa while intending to adjust status to become a Permanent Resident. The reason for this is that use of a visitor's visa requires "nonimmigrant intent," i.e. an intention to remain only temporarily and then depart. Misuse of a visitor's visa can have very harsh immigration-related consequences. 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 More

Best wishes with your husband's naturalization application process. To prepare for him to sponsor you in a marriage-based adjustment of status application in the Immediate Relative visa category, you should accumulate documentary evidence showing that you and he have been living together in a bona fide marriage. Typically that might include, for example, residential leases or deeds showing both of your names, joint bank account records, joint credit card documents, utility bills in one or both names, insurance documents, tax documents, etc. After your baby is born, the birth certificate showing both parents' name will be important evidence too. Beyond that, since your husband obtained his Permanent Resident status through a prior marriage, it would be wise to accumulate documentary evidence showing that his first marriage was genuine notwithstanding that it ultimately ended in divorce. The USCIS determines the sufficiency of documentary evidence on a case-by-case basis, and of course there are other documents and information needed in the application process. 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 More

It is possible that your husband became a U.S. citizen by operation of law at the moment he became a Permanent Resident at age 5 while having adoptive parents who were U.S. citizens. If that is true, then he would NOT seek to renew his Permanent Resident Card, but instead could apply for a Certificate of Citizenship (for which his domestic felony and misdemeanor offenses may be irrelevant. There really is no substitute for 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 his goals, and who then could offer legal representation in the often complex application process.... Read More

In the marriage-based adjustment of status application process there is no form by which a wife adopts her husband's last name as her own, and a formal name change application through civil courts is unnecessary too. Generally a foreign national wife simply may begin using her husband's last name as her own, may identify his last name as her last name in the application process, and also show that she previously was known by her pre-marriage name. Proper identification of names can be quite important in the application process, but that is just one of many details that can be far more complicated than it might seem just by reading the application forms, the application instructions, the Immigration and Nationality statute, the regulations and the USCIS's website. 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 More

Aside from whether an outstanding arrest warrant could result in a foreign national's arrest at the time of an immigration interview, criminal arrest issues can stand in the way of immigration eligibility. Through the background checks performed in immigration cases the USCIS will be aware of arrests, outstanding warrants, etc. regardless of whether they are from another status (and, usually, regardless of whether they are from another nation). The ramification of criminal matters on immigration eligibilities is among the most complex immigration legal issues. There really is no substitute for your husband to consult with an immigration attorney, who, after seeing the relevant arrest and criminal disposition documents and after learning all of the relevant information, could advise about eligibilities, options and strategies to attain immigration-related goals, and who then could offer legal representation in the often complex application process.... Read More

Significantly more information is needed in order to provide a legal analysis about immigration issues for your mother. This includes, for example, information about you (Are you age 21 or older? Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); 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 More

Although not completely clear from your question, I assume you are a U.S. citizen; you soon will become married to a foreign national in a civil ceremony in another country; you and your fiance plan to go through "consular processing" so that your soon-to-be spouse can immigrate to the U.S. and become a Lawful Permanent Resident (get a "Green Card"); and you are contemplating your fianc?e (or spouse) entering the U.S. with a visitor's visa while awaiting the process for your spouse to become a Permanent Resident. If my understanding of the facts is correct, then the answer to your question clearly is "NO!" A visitor's visa is exclusively for someone who intends to enter the U.S. temporarily for a visit and then depart. Misuse of it by someone who is engaged to be married or who is married to a U.S. citizen, and who intends to become a Permanent Resident, can constiture visa fraud, with potentially very harsh immigration-related consequences. 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 More

Significantly more information is needed in order to provide a legal analysis of ways your husband to become a Permanent Resident (to get a "Green Card"). This includes, for example, information about your husband (Is he now in the U.S.? 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 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 More

A foreign national cannot go directly from being a nonimmigrant to a citizen, but instead first must become a Lawful Permanent Resident (get a "Green Card"). Then, after being a Permanent Resident for 5 years (3 years for most Permanent Residents married to U.S. citizens), the foreign national may apply to become a naturalized U.S. citizen. Eligibilities to become a Permanent Resident generally are divided into those involving family relationships (e.g. being the parent, child, spouse of a U.S. citizen or Permanent Resident) and those involving employment. Of course, there are many, many, other details that can determine eligibility for Permanent Resident status and, later, determine eligibility for naturalization.... Read More

Generally, a single DWI arrest or conviction will not stand in the way of eligibility for immigration benefits. Significantly more information is needed, however, to determine potential eligibilities for your husband to qualify for a visa or status that includes authorization to be employed. 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 More

It appears you misunderstand the requirements for eligibility for naturalization. Among the requirements are ones relating to (1) residence and (2) physical presence. Generally, a Permanent Resident must reside in the U.S. for five years before becoming eligible to apply for naturalization (actually, one may apply as early as 90 days before the end of the 5-year period), and one must be physically present in the U.S. more days than be physically outside the U.S. during that five-year period. If a Permanent Resident is outside the U.S. for a continuous period of 180 days or longer, there can become a presumption that he/she abandoned residence in the U.S., but that presumption can be rebutted with evidence that residence in the U.S. was maintained notwithstanding the long absence (a continuous absence of 1 year or longer no longer creates a rebuttable presumption, but instead can cause a legal determination of abandonment of residence). Since you were permitted to re-enter the U.S. after your single trip of six months and 12 days, it appears you were able to rebut the presumption that you had abandoned your residence in the U.S., and so it appears you now may proceed with a naturalization application process. Nonetheless, 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 More

It is impermissible and unlawful to intentionally state false information in a tax return. If a tax professional advises you that some peculiarity in the tax law permitted you to file as single, then your tax filings may not stand in the way of naturalization eligibility. If a tax professional advises you that you were not permitted to file as single, then you may need to file amended tax returns (and pay any additional amounts that may be due) and be prepared to explain, if applicable, how you misunderstood the legal requirement regarding your tax returns, in order to show that you do not "lack good moral character" and to be eligible for naturalization. There really is no substitute, however, for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibility and about strategy for naturalization, and who then could offer legal representation in the often complex application process.... Read More

Generally, there are requirements that a couple meet in person before triggering eligibility for a U.S. citizen to be able to succeed with a fiance visa (that would allow the foreign national to enter the U.S., to become married within the requisite time, and then file for adjustment of status to become a Permanent Resident). There are some exceptions, however, for that general requirement. 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 More

For a foreign national who is present in the U.S. (after entering lawfully and with inspection), and who is the parent of a U.S. citizen age 21 or older, to become a Lawful Permanent Resident (to get a "Green Card"), the U.S. citizen child must file a Form I-130 Petition for Relative Alien and the foreign national must file a Form I-485 Application for Adjustment of Status. Of course, there are other forms and supporting documents necessary for the application process, and there are many other details that also 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 More

A conviction for shoplifting can bar eligibility to become a naturalized U.S. citizen (and even can have more harsh consequences). Many people are surprised to learn that the USCIS treats some cases dismissed following pre-trial diversion as a "conviction." That can be true even if the criminal court does not consider it to be a conviction. A "conviction" for immigration-related purposes can turn on whether as part of the pre-trial diversion an applicant acknowledged the material elements of the crime (such as through an allocation). This is true even if a criminal case has been dismissed and the file has been formally "sealed." There really is no substitute for you to obtain court-certified copies of the full set of disposition documents and to consult with an immigration attorney who, after learning all of the relevant information and seeing the disposition documents, 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 More

While filing required tax returns and paying taxes that are due are addressed in the application process to become a naturalized citizen, that process does not require submission of documentary evidence of one's income. The information and documentation needed for immigration application processes can be complex, and failing to provide a full set of required supporting documentation can cause substantial delays or even more harsh consequences. 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 (including identification of needed documentation) to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

Generally, a U.S. citizen age 21 or older may sponsor a parent for immigration in the U.S. in the Immediate Relative visa category. This is true regardless of whether the U.S. citizen may be in the army and regardless of whether the U.S. citizen may be married. Of course, there are many other details that can determine eligibility, and there really is no substitute for 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 his goals, and who then could offer legal representation in the often complex application process.... Read More

The USCIS relies upon the U.S. Department of State to identify the birth records that will be satisfactory for immigration application purposes. The U.S. Department of State identifies acceptable documents according to the country of birth, the town or similar jurisdiction of birth within the specified country, and the date of birth. Failing to supply the documents designated by the U.S. Department of State can cause significant application adjudication delays or even may result in an application's denial. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, could advise about acceptable birth records, advise about eligibilities, options and strategies to attain your goals, and offer legal representation in the often complex application process.... Read More

Although not entirely clear from your question, I presume you are asking whether a U.S. citizen is disqualified from sponsoring a spouse for immigration benefits based upon the U.S. citizen having an arrest in 2003 that was dismissed, and having a separate 2003 offense under section 647(b) of some state's penal code. Generally, a U.S. citizen's own criminal history will not stand in the way of eligibility to sponsor a spouse, but for a legal analysis further information is needed (for example, Section 647b of the Penal Code in California relates to the offense of prostitution, but Section 647b of some other penal code may refer to an "Adam Walsh" type of offense with potential immigration-related consequences]. Of course, many other details determine eligibility too. There really is no substitute for you and the relative you wish to sponsor 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 More

Generally, if a foreign national enters the U.S. lawfully and with inspection (such as with a visitor's visa), and then becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application process in the Immediate Relative visa category (so the foreign national will become a Lawful Permanent Resident - get a "Green Card"). This is true even if the foreign national spouse may have overstayed an initial visa by six months. Of course, there are many other details that determine eligibility too. 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 More