Georgia Immigration Legal Questions

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 Answer

Properly identifying an applicant's name is just one of the details in immigration applications that can be significantly more complex than it may appear. Generally, in connection with a Form N-600 application for a Certificate of Citizenship, the applicant should identify her official legal name, regardless of whether she commonly uses only part of her name. To assure that the application process is properly completed and fully documented 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

Generally, when a foreign national has entered the U.S. lawfully and with inspection (such as with an F1 student visa), and then becomes married to a U.S. citizen, the couple can succeed with a marriage-based adjustment of status application in the Immediate Relative visa category. This is true regardless of whether the couple may have married previously, become divorced after six months, reunited, and become married again. If neither spouse is a U.S. citizen, and instead one spouse is a Lawful Permanent Resident (has a "Green Card") and the other spouse is in valid nonimmigrant status (such as F1, H1B, etc.), it still may be possible for the couple to apply for the nonimmigrant to become a Permanent Resident, but that would require an application in the Family-sponsored Second Preference (F2A) visa category. There is a backlog for visas in that category - the October, 2017 Visa Bulletin issued by the U.S. Department of State shows that visas now are available in that category for cases filed in mid-October, 2015 or earlier. There are additional considerations and eligibility requirements to take into account too. There really is no substitute for you and your fianc? (former 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

Sorry to learn about the problems with your marriage. It may be comforting to you, however, to know that your husband cannot cancel your "Green Card." If your "Green Card" is for conditional resident status, you still will be required to apply to remove conditions, and if you are divorced from your husband you will need to file that type of application with a request for a waiver of the usual requirement that both spouses jointly file the application. Without delay you should consult with a local domestic relations/divorce attorney to get advice about child support, alimony, property division and other rights and obligations associated with a divorce. It also might be wise to consult with a marriage counselor or similar professional to seek possibilities for resuscitating your marriage, especially in light of your daughter's best interests. In connection with immigration issues, and especially any need to apply to remove conditions if you are a Conditional Resident, 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 age 21 or older may sponsor a parent living abroad to obtain immigration benefits through consular processing. Significantly more information is needed in order to provide a legal analysis of eligibility for your father and to provide an estimation of the time involved for the process. 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

Requirements about documentable income relating to a petitioning spouse in an immigration application/consular processing depend upon such things as geographical location and family size. The current requirements may be found here: https://www.uscis.gov/i-864p. Of course, there are many other details that relate to eligibility for a spouse located abroad to succeed in getting immigration benefits. 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

Generally, a foreign national who entered the U.S. lawfully and with inspection (such as with a visa that authorized employment) can become married to a U.S. citizen, and then succeed in a marriage-based adjustment of status application process to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national spouse overstayed an original visa and even worked without authorization (no signed apology letter is needed). Of course, there are many other details too 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

Your questions raise significant immigration-related issues. A short answer: yes you may have a wedding ceremony in Mexico and then have another wedding ceremony in the U.S. A slightly longer answer: entering the U.S. with a visitor's visa after becoming married in Mexico and while having an intention to live permanently in the U.S. could constitute visa fraud, with potentially very harsh immigration consequences. Petitioning for a spouse to join you in the U.S. and then apply to become a Permanent Resident can take significantly longer than petitioning for a fiance to join you in the U.S. and then marry and apply to become a Permanent Resident. 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

Generally, a Permanent Resident must wait five years after adjusting status before becoming eligible to apply for naturalization, but if the Permanent Resident has been a permanent resident for at least three years while married to a U.S. citizen spouse, then generally he/she may be eligible to apply for naturalization after only those three years (and note that an application generally can be filed as early as 90 days before the end of the 5-year or 3-year period). Of course, there are many other details that are involved in determining naturalization 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 statutory "waiting period" for a U.S. citizen to sponsor a spouse for immigration benefits after having become divorced from a previously sponsored spouse. Note, however, that in the application process it may be necessary to show both that the current marriage and the former marriage were bona fide, notwithstanding that the first marriage ended in divorce. Especially for a situation as potentially complex as this, 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

Generally, a U.S. citizen who reaches age 21 then may sponsor a parent in the process of becoming a Lawful Permanent Resident. This is true regardless of whether the U.S. citizen child may have a learning disability. If the child does not have sufficient documentable income, however, then it may be necessary to have a joint sponsor in that 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. When the beneficiary (the mother) is outside of the U.S., then the immigration application process will involve consular processing rather than an application for adjustment of status. Of course, there are many other details that determine eligibility. There really is no substitute for your sister (with you, if that would be appropriate) 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, a U.S. citizen may sponsor a sibling for immigration in the Family-based Fourth Preference (F4) visa category. There is a very long backlog for visas in that category, however. The October, 2017 Visa Bulletin issued by the U.S. Department of State shows that visas now are available for those who filed applications in the F4 visa category in May, 2004 or earlier. While that may appear to be a wait of about 13 years, in fact, since less than a year's backlog usually is resolved in a year, the wait may be 20 years or longer. Until a visa becomes available, the foreign national sibling would not be able to apply for adjustment of status (and apply to get an Employment Authorization Document - an "EAD" or "work permit"). As you can see, an application by a sibling rarely is a worthwhile immigration strategy, and so it usually is wise to explore other immigration possibilities. Other possibilities may be nonimmigrant (temporary) visas or immigrant (permanent) visas based upon employment. Some of these, such as applications for those with exceptional abilities in the sciences/engineering, can be self-petitioning, while others may require a qualified sponsoring employer. A significant part of our firm's practice is representing researchers, engineers, scientists, professors and similar experts in immigration applications specifically geared for such professionals.... Read Answer

Generally, a U.S. citizen may sponsor a spouse for immigration benefits in the marriage-based Immediate Relative visa category, so that the foreign national spouse may become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national may have been convicted of a DUI offense. Of course, there are many other details that determine eligibility, including details about how the foreign national entered the U.S.; when he entered the U.S.; whether any other immigration application may have been filed before; etc. There really is no substitute 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

Generally, when a foreign national entered the U.S. lawfully and with inspection (as you apparently did 11 years ago), and then 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 regardless of whether the foreign national spouse may have overstayed her visa, may have applied for and been granted relief through DACA, and may have DACA status ending soon. Of course, there are many other details that determine eligibility. 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

Generally, the USCIS will consider a divorce to be valid if the divorce was lawful in the place where it occurred. If you are considering sponsoring a spouse for immigration benefits, there really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, including divorce details, 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 the potential complication created by you becoming married within three weeks of re-entering the U.S. on a visitor's visa. Entry into the U.S. with a visitor's visa requires "nonimmigrant intent," i.e., an intention to remain temporarily and to then depart, and immigration authorities may view your wedding as evidence that you fraudulently represented nonimmigrant intent while actually intending to marry and stay permanently. A determination of visa fraud can have very harsh immigration-related consequences. Aside from this issue, of course there are many other details that determine eligibility for immigration benefits. There really is no substitute for you and your fianc? 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, when a U.S. citizen becomes married to a foreign national who entered the U.S. lawfully and with inspection, she may sponsor him in a marriage-based adjustment of status application process immediately upon becoming married. This is true regardless of whether the U.S. citizen spouse previously sponsored a husband for immigration and then became divorced from that husband; this is also true regardless of whether the new husband may have overstayed an initial visa or even worked without authorization. Of course, there are many other details that determine immigration eligibility, and in the circumstances, you described you could expect the USCIS adjudicating officer to require documentation of the bona fide nature not only of your current marriage but also of the previous marriage notwithstanding that it ended in divorce. The application process may be significantly more complex than it appears from the review of the forms and USCIS website, and even more complex than you encountered in your the application process for your previous husband. 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

The reason for the disparate treatment of your situation by U.S.C.I.S. and DMV is that U.S.C.I.S. does not control local DMV's. Some local DMV's will respect the language on the I-797C of automatic extension of work authorization so long as the extension request is in the same class previously granted. However, it is left up to the local DMV's as to whether they wish to respect the language.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

For eligibility in the EB1 category, the employer itself, the actual job and the employee him/herself must meet qualifications, and your question does not provide enough information to supply a full legal analysis about eligibility. There really is no substitute for you and a representative of your employer(s) 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