Georgia Immigration Legal Questions

Generally, a U.S. citizen who is married to a foreign national who entered the country lawfully and with inspection may sponsor a spouse for adjustment of status to become a lawful permanent resident (to get a "green card"). This is true regardless of whether the U.S. citizen receives needs-based public assistance. When the U.S. citizen does not have sufficient documentable income to meet the Affidavit of Support requirements, however, it becomes necessary to have a joint sponsor in the application process. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated by the Affidavit of Support can serve as a joint sponsor. Of course, there are many other details that determine immigration 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

Significantly more information is needed in order to provide a legal analysis of ways your parents could attain immigration benefits in the U.S. This includes, for example with what type of visas will you parents plan to enter the U.S. - if with visitor's visas, then beware that entering with a B1/B2 visa requires "nonimmigrant intent," i.e. an intention to remain temporarily for the relevant reason and an intention then to depart. Entering the U.S. with a visitor's visa while intending to be sponsored for permanent residency by an adult U.S. citizen child can have very harsh immigration-related consequences. The same analysis does not apply, however, to parents entering the U.S. with an H1B and H4 visa. There really is no substitute for you and your parents 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 person who became married, never divorced and never was the subject of a court-ordered legal separation lawfully is neither "single" nor "separated," and instead remains married (although may be living apart from a spouse). That is only one example of how immigration forms and their instructions, and even a review of the statute and regulations, can be inadequate to properly proceed with a naturalization petition. Errors in preparing the forms and in supplying supporting a full set of supporting documents can cause significant 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 to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

It certainly can be frustrating to have to comply with the laws and regulations relating to immigration. Nonetheless, failure to strictly comply with the law can result in very harsh consequences. If you and your fiance were to become married in Belize, and if your wife then were to enter the U.S. with a visitor's visa (which requires nonimmigrant intent) your wife might get turned away at the airport if she is asked about being married; beyond that, even if she succeeded in entering the U.S., in the subsequent adjustment of status application process the USCIS may determine her entry with a visitor's visa to constitute visa fraud, with potentially very harsh consequences - not only denial of the application, but potentially a permanent bar to getting immigration benefits. 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 at the earliest possible time, and who then could offer legal representation in the often complex application process.... Read Answer

A foreign national in the U.S. with a valid visitor's visa indeed may apply to adjust status to become a lawful permanent resident (to get a "Green Card") if he/she qualifies for such an application. Generally, eligibilities are based upon either a family relationship or upon sponsorship by a qualified employer for a qualified position for a qualified employee. If you may have a relative or an employer who is interested in sponsoring you for immigration benefits, then there really is no substitute for consulting 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 single DUI offense will not stand in the way of a foreign national's eligibility to be sponsored by a wife in an immigration adjustment of status application. You mentioned a "hold" in another state, but it is not clear to me what offense that may relate to, and of course there are many other details that need to be addressed in order to provide an immigration legal analysis for your 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

Generally when a foreign national enters the U.S. lawfully and with inspection (as appears to be the case for your fiance in 2015) and then becomes married to a U.S. citizen, the couple can succeed in the application process by which the foreign national will "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed his initial visa. As a Permanent Resident, he would be entitled to remain in, be employed in and travel abroad and return to the U.S. without being subject to deportation/removal. Generally within 33 months following success with adjustment of status, the foreign national spouse even could become eligible to apply to become a naturalized U.S. citizen. Of course, there are many other details that determine eligibility for adjustment of status. 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 U.S. citizen's criminal conviction record from many years ago will have no impact upon eligibility to sponsor a spouse for immigration benefits. Of course, there are many details that determine eligibility for a marriage-based adjustment of status case. 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

Significantly more information is needed in order to provide a legal analysis. Generally, however, if you are a U.S. citizen and your husband entered the U.S. lawfully and with inspection, then you and he may succeed in a marriage-based adjustment of status application process notwithstanding that you are unemployed (and notwithstanding that your husband may have overstayed his initial visa and/or may have worked without authorization). If you do not have sufficient documentable income to meet the legal requirements, then it may be necessary to have a joint sponsor in the application process. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities specified in the Affidavit of Support may serve as a joint sponsor. 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, but generally if you entered the U.S. lawfully and with inspection and then became married to a U.S. citizen you may succeed in a marriage-based adjustment of status application process notwithstanding that your wife is unemployed. As you appear to recognize, if your wife does not have sufficient documentable income, then it will be important to have a joint sponsor. If your wife's uncle is a U.S. citizen or Permanent Resident, if he has sufficient documentable income and if he is willing to assume the responsibilities contemplated in the Affidavit of Support, then he may qualify as a joint sponsor. 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

Significantly more information is needed in order to provide a legal analysis. This includes, for example, What is your age? When did you parent become a U.S. citizen? 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

Significantly more information is needed in order to provide a legal analysis. 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 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 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

An applicant for adjustment of status must provide truthful information. Failure to do so can constitute visa fraud and can have very harsh consequences. Generally when a foreign national has entered the U.S. lawfully and with inspection, and later has become 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 foreign national overstayed an initial visa and regardless of whether the foreign national may have been employed without authorization. Nonetheless, there are many details that have an impact upon eligibility, and there really is no substitute 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

Generally, when a foreign national has entered the U.S. lawfully and with inspection (it sounds like this may be true for your mother-in-law), has a U.S. citizen child age 21 or older (it sounds like this may be true for your wife), then the adult child may sponsor the parent in an adjustment of status application process in the Immediate Relative visa category. This is true regardless of whether the foreign national may have overstayed her initial visa. Through this process the foreign national may become a Lawful Permanent Resident (get a "Green Card"). That application process involves such forms as a Petition for Relative Alien form, Biographical Background forms, an Affidavit of Support form and an Application for Adjustment of Status form. With this families generally also file an application for an employment authorization document and (when eligible) an application for advance parole. Proper completion of each form can be more complex that it appears, and the necessary supporting documents vary from case to case. There really is no substitute for your family members to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your family's goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally, a foreign national who enters the U.S. lawfully and with inspection (such as with a J-1 visa), and who later becomes married in the U.S. to a U.S. citizen, may succeed with a marriage-based adjustment of status application to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the couple married before or after the foreign national's visa expires, and also regardless of whether the adjustment of status application is filed before or after the foreign national's visa expires. Of course, there are many other details that determine eligibility for 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

Significantly more information is needed in order to provide a legal analysis about processing times and costs. Beyond that, there are many details that are important to assessing pros and cons of immigration legal options. 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

The documentable income necessary to sponsor a spouse in an adjustment of status application process depends upon such factors as the sponsor's family size, state of residence, etc. Here is a link to the information you need: https://www.uscis.gov/i-864p. If you do not have sufficient documentable income, then it may be necessary to have 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 in the Affidavit of Support document. Of course, there are many other details that determine eligibility. 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 Answer

Although not clear from your question, I presume you are a U.S. citizen. If that is accurate, then note that when a foreign national who entered the U.S. lawfully and with inspection (such as with an F1 student visa) becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application in the Immediate Relative visa category so that the foreign national may become a Permanent Resident (get a "Green Card"). This is true regardless of whether the foreign national may have violated her student visa by discontinuing enrollment as a student and regardless of whether the foreign national may have married and then become divorced. The case may be a bit more complex than usual on account of the initial marriage and divorce because it may be necessary to prepare to show the first marriage was indeed bona fide notwithstanding that it ended in divorce (this is true notwithstanding that the couple never pursued an immigration application based on that marriage). Of course, there are many other details that govern eligibility to adjust status. It would be wise for you and the woman you wish to marry 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 documents needed for a marriage-based adjustment of status application depend upon all of the circumstances and details about the foreign national, her immigration-related history, her spouse, etc., but generally they include such things as the foreign national's birth certificate, any previous marriage or divorce documents, a passport, I-94 form, etc. "Legalized" is not a technical legal term. If by that you mean an official record, such as a birth certificate, then the answer is yes, the applicant should be prepared to show an original or certified copy of the documents at an adjustment of status interview while actually filing only photocopies with the application itself. In instances in which an original document no longer exists, sometimes there are acceptable substitutes. Aside from documentary evidence there are many other details that determine adjustment of status eligibility. 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 Answer

Marriage will not, by itself, extend a J-1 visa. Marriage may, however, be a basis for eligibility to apply to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). Significantly more information is needed in order to provide a legal analysis. This includes, for example, information about your spouse's own immigration status (a U.S. citizen?), information about any two-year home residency requirement associated with your J1 visa, 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

A foreign national who is subject to a J-1 two-year home residency requirement is not eligible to adjust status to become a Lawful Permanent Resident (to get a "Green Card"), such as through a marriage-based application, unless (1) the two-year requirement is waived, or (2) the two-year requirement is satisfied. It is possible in some instances, but not all, to succeed with an application for waiver of a two-year home residency requirement, and often this is based upon the source of funding associated with the J-1 visa. So long as a foreign national remains in valid J-1 nonimmigrant status he/she may remain lawfully present in the U.S. Marriage to a U.S. citizen does not, by itself, authorize additional lawful presence (or employment) in the U.S. Especially since you (justifiably) consider this to be a really important situation, there really is no substitute 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

Sorry to learn that your wife abandoned you. You posted your question to a forum for U.S. immigration legal matters, but your abandonment after eight years of marriage can be expected to have no bearing on her current status as I presume, a Lawful Permanent Resident (holder of a "Green Card"). I strongly recommend that you post your question to a forum for domestic relations/divorce legal matters, or, better yet, (1) consult a domestic relations/divorce attorney to address your legal rights and obligations in the context of a separation and/or divorce, and (2) consider working with a marriage counselor or similar professional about possibilities for resuscitating your marriage.... Read Answer

Generally a foreign national must be in valid nonimmigrant status in order to be eligible to apply to adjust status to become a Permanent Resident. There is an exception to this rule for a foreign national who entered the U.S. lawfully and with inspection, and then applies to adjust status as a spouse of a U.S. citizen - this is true even if the foreign national's initial visa may have long expired. 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 (such as helping your wife succeed with a naturalization case at the earliest possible time and helping both of you with an adjustment of status application).... Read Answer