Georgia Immigration Legal Questions

Generally a U.S. citizen may sponsor a spouse in a marriage-based adjustment of status application if the foreign national spouse entered the U.S. lawfully and with inspection, such as with an F1 student visa for an MBA program. This is true even if the U.S. citizen spouse may be unemployed and receiving unemployment benefits. If the U.S. citizen's income is insufficient to meet the legal requirements, however, it may be necessary to have a "joint sponsor" for 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. Of course, there are other details that can impact eligibility for a marriage-based immigration application. 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

Generally, if a foreign national enters the U.S. lawfully and with inspection, such was with a B1/B2 visa, and later becomes married to a U.S. citizen, the couple can succeed in an adjustment of status application process by which the foreign national spouse can become a Permanent Resident (can get a "Green Card"). This is true even if the foreign national spouse may have long overstayed his/her initial visa. Of course, there are many other details that determine 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 More

Significantly more information is needed in order to provide a legal analysis, but the few details you mentioned do sound like it would be possible for your fiance to marry you and then become eligible for a new marriage-based immigration application. 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

Generally when a U.S. citizen marries a spouse abroad it is possible for the couple to succeed in consular processing and then adjustment of status so that foreign national spouse may become a Lawful Permanent Resident. This is true regardless of whether the foreign national spouse previously married and commenced an adjustment of status case, and then divorced and terminated that adjustment of status case. Under those circumstances, however, immigration authorities can be expected to scrutinize both the first marriage and the second marriage to assure both were bona fide, notwithstanding that the first marriage ended in divorce. For this reason, particularly strong sets of documentary evidence showing the bona fide nature of the marriages will be important. There really is no substitute for you and your fianc?e 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

You have identified just one of the many details in an immigration application process that can be significantly more complicated that it might first appear. More information is needed to fully respond to your question, and 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

Use of a visitor's visa is exclusively for foreign nations who intend to enter the U.S. for the purpose of a visit and who intend to return abroad. If a foreign national were to enter the U.S. with a visitor's visa, then promptly marry and file an adjustment of status case (not a N-400 Petition for Naturalization, which is available only after expiration of a statutory period following becoming a Permanent Resident), the USCIS may view that as constituting fraud, with 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

While not required, generally it is advantageous to concurrently file (1) a Form I-130 non-immigrant family-based visa application with all required supporting documents, and (2) a Form I-485 adjustment of status application with all required documents. Of course, there are many other details that determine eligibilities and appropriate steps to take. 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

When a U.S. citizen sponsors a spouse in a marriage-based adjustment of status application, among the many requirements of the process the U.S. citizen must provide a signed Affidavit of Support. If that U.S. citizen does not have sufficient documentable income to meet the requirements, then it may be necessary to have a joint sponsor in the application process. Generally the 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 (regardless of whether that person already may have sponsored his own spouse for immigration benefits). Perhaps this is what you meant by "using your tax information." Of course, the Affidavit of Support issues are among many others that need to be addressed in an adjustment of status application process. 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 immigration-related goals, and who then could offer legal representation in the often complex application process.... Read More

Generally, if a foreign national otherwise qualifies for immigration benefits, the wrongful conduct of his/her parent will be irrelevant. Of course, there are many other details that determine eligibility for immigration benefits. 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

Sorry to hear of the complications and problems you and your husband are encountering. Your decision about whether to remain in your marriage should not be based upon considerations about succeeding with a Form I-751 Petition to Remove Conditions - I anticipate that you would be able to succeed with that regardless of whether you and your husband filed that application jointly or you filed it alone following divorce with a request for waiver of the usual requirement for joint filing. I advise that you obtain marriage relationship advice from a professional in that field, and that you obtain legal advice about divorce (including about your rights and responsibilities in the event of a divorce) from a domestic relations/divorce attorney. Note that to succeed with an I-751 petition, and especially one with a request for a waiver of joint filing, it will be important to have a strong set of documentary evidence showing that you and your husband resided together in a good faith marriage. In addition to other evidence, documentary evidence that you and he have been to counseling, that your husband is obtaining individual therapy and that he is participating in SA meetings can be important to show the bona fide nature of your marriage notwithstanding the problems you are encountering and even notwithstanding a divorce. Especially for the type of complexities you mentioned, 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

Sorry to learn of the problems you encountered in your marriage leading you to prepare to divorce your husband. You did not mention the year in which you became a Lawful Permanent Resident (got a "Green Card"). Four years and nine months after becoming a Permanent Resident a foreign national may become eligible to apply to become a naturalized U.S. citizen, and this is true regardless of whether the foreign national has commenced divorce proceedings or even become divorced from the U.S. citizen spouse who sponsored the initial adjustment of status application. Of course, there are many other details that impact 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 More

In a family-based immigration application the U.S. citizen sponsoring relative must provide an Affidavit of Support. If he/she does not have income, then that information must be accurately stated. You appear aware that when the sponsoring relative has insufficient documentable income it can become necessary to have joint sponsor, and if your father is a U.S. citizen or Permanent Resident, he has sufficient documentable income, and he is willing to assume the responsibilities associated with the Affidavit of Support, he can qualify as a joint sponsor. Of course, there are many other details that impact immigration eligibility. It would be wise for you and the foreign national you are sponsoring (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 More

Generally, when a foreign national enters the U.S. lawfully and with inspection, such as with an H1B visa, and later becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment application by which the foreign national will become a Lawful Permanent Resident (get a "Green Card"). This is true even if the foreign national may have fallen out of status as a result of the H1B-sponsoring company going out of business (or otherwise). Of course, there are many other details that impact eligibility, and 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

A single speeding ticket or other ordinary traffic ticket should have no impact upon eligibility to renew a Green Card (nor should it have any impact upon a Petition to Remove Conditions or a Petition to become a naturalized citizen). The USCIS will be aware of the traffic ticket from its background check. It should be disclosed on an application asking to identify citations, but not on an application asking for arrests "except traffic offenses." The speeding offense is not a CIMT (crime involving moral turpitude), and it is not an offense that would trigger removal/deportation. Of course, there are many other details relating to immigration eligibilities. 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

Significantly more information is needed in order to provide a legal analysis of whether a change of status to L1 is a viable strategy. That includes, for example, information about your Indian company, information about your length of employment, information about your skills, etc. 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

Generally, when a foreign national has entered the country lawfully and with inspection, and then becomes married to a U.S. citizen, the couple can succeed in an adjustment of status application process by which the foreign national will seek to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed a visa and regardless of whether the U.S. citizen spouse has convictions for the offenses you described. Until an application for adjustment of status is commenced, a foreign national who has overstayed her visa may become subject to removal/deportation proceedings if she comes to the attention of immigration authorities. Additionally, note that there are many other details that can determine immigration eligibilities and the application process can be quite complex. 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

The sponsoring petitioner in a family-based immigration application must file an Affidavit of Support, and if that petitioner does not have sufficient documentable income it may be necessary to have a "joint sponsor" for the application. Sufficiency of income depends upon such things as geographical location and family size.... Read More

Generally, when a U.S. citizen (who became a citizen by birth or by naturalization) becomes married to a foreign national who entered the U.S. lawfully and with inspection, the couple may succeed in a marriage-based Immediate Relative application to adjust status by which the foreign national will seek to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the marriage took place before or after the date of naturalization. Since one becomes a U.S. citizen instantly upon completion of naturalization, a marriage-based adjustment of status case may be filed the very moment after completion of naturalization. Although not completely clear from your description, it sounds like your most recent entry into the U.S. resulted in you being admitted into the U.S. following "secondary inspection" at the airport. You entered on a B1/B2 visa, which required "nonimmigrant intent," i.e. an intention to remain in the U.S. only temporarily. Becoming married to a U.S. citizen and filing a marriage-based adjustment of status application very soon after entering the U.S. can be viewed by the USCIS as demonstrating "immigrant intent," i.e. an intention to remain permanently. Entering with a B1B2 visa while intending to remain permanently can be viewed as "visa fraud," which can have very serious immigration-related consequences. If you entered the U.S. with nonimmigrant intent, then became engaged to be married with a newly formed intention to remain permanently, that may be satisfactory. Becoming married and applying for adjustment of status more than 3 months/90 days following entry should eliminate an inquiry about whether an applicant fraudulently used his/her B1/B2 visa. Of course, there also are many other details that have an impact upon 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 More

Becoming married to a U.S. citizen, whether in a courthouse or otherwise, does not, by itself, constitute a sponsorship for immigration benefits nor does it produce immigration benefits. Nonetheless, marriage to a U.S. citizen can form the basis upon which the U.S. citizen may sponsor a foreign national spouse in an "adjustment of status" application process by which the foreign national spouse would apply to become a Lawful Permanent Resident (sometimes called getting a "Green Card"). There are many other details that govern eligibility to adjust 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. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.... Read More

The President's ill-considered, unwise and Constitutionally suspect Executive Orders are not in force at the moment, but as you are aware there is ongoing appellate litigation and the ultimate outcome remains unclear. In the meantime, generally a U.S. citizen may petition for a foreign national to obtain a fiance visa to enable the foreign national to enter the U.S. in order to become married within the required time and in order to then be able to file an adjustment of status application in the Immediate Relative visa category. Another option may be to become married abroad and then proceed with Consular Processing. There are pros and cons to each approach, and of course there are many additional details that can determine eligibility. 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

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 (What is her nationality and immigration-related history?); 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 More

Generally there are two options under your circumstances: your U.S. citizen fiance could apply for you to receive a fiance visa for the purpose of entering the U.S. and becoming married within the required period of time, and then applying for adjustment of status to become a U.S. Lawful Permanent Resident (to get a "Green Card"), or you may marry abroad and go through the consular processing steps in the "Immediate Relative" visa category. It would not be an option for you to travel to the U.S. with a visitor's visa while having an intention to become married and apply for adjustment of status, and that approach could be deemed to constitute visa fraud, with the risk of very harsh consequences. Each option has its pros and cons. 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

"Original" and "certified copy" are terms that often are used interchangeably. Aside from that note, if you are facing a risk of wrongful removal/deportation, you should engage an immigration attorney to assist you. Catholic Charities and the Latin American Association sometimes are able to offer legal assistance for this type of case upon a needs-based fee basis, and even if they are unable to offer free or reduced-fee assistance it would be wise for you to borrow money if necessary for this type of legal assistance. The risks are significant and the financial cost to seek a remedy in the future may be much greater than the cost to resolve the matter now.... Read More

Significantly more information is needed in order to provide a legal analysis regarding immigration-related steps for your mother. 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 age, 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