Georgia Immigration Legal Questions

Significantly more information is needed in order to provide a legal analysis of ways your husband may be able to attain immigration benefits for your husband. 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 husband (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

If you already have become a Permanent Resident (have obtained a "Green Card") through your 2012 marriage, then becoming divorced would not terminate that statute and so there would be no need to file a new "Green Card application." If your approved application from your 2012 marriage was only for Conditional Resident Status (sometimes called a "Conditional Green Card" or "two-year Green Card"), and you have become divorced, then it may be necessary for you to timely file an application to Remove Conditions with a request for a waiver of the usual requirement that both spouses participate in the application process. Of course, there are many other details that determine the steps most appropriate for you to take at this point. There really is no substitute for you and 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

If you do not have sufficient documentable income to meet the requirements in petitioning for your foreign national mother, 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 contemplated by the Affidavit of Support may serve as a Joint Sponsor, and this is true regardless of whether the Joint Sponsor lives in another state. Of course, there are many other details that determine eligibility, and 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

You have not identified whether you or your fiance has a criminal record and you have not identified what that criminal record may be. 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

Eligibility for sponsoring a parent includes demonstration of sufficient documentable income to meet the legal requirements, and other financial details, such as amount of debt for the purchase of a car, generally are irrelevant. When a U.S. citizen does not have sufficient documentable income to meet the legal requirements, it may be necessary to 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 obligations contemplated in the Affidavit of Support. Of course, there are many other details that determine immigration eligibility. 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

Generally, a foreign national who enters the U.S. lawfully and with inspection (such as entering with a J-1 visa), and who later becomes married to a U.S. citizen, may succeed in a marriage-based adjustment of status application process to become a Lawful Permanent Resident (to get a "Green Card"), and this is true even if the foreign national may have overstayed or otherwise violated the terms of her initial visa. The matter becomes significantly more complicated, however, if the foreign national were to be outside of the U.S. and were to be contemplating entering the U.S. with certain nonimmigrant (i.e. temporary) visas, including a J-1, in order to become married and remain in the U.S. permanently. The reason for this is that many nonimmigrant visas, including a J-1 visa, require "nonimmigrant intent," that is, an intention to remain temporarily and then return abroad after fulfilling the purpose of the initial visa. Promptly becoming married and then following-up with an application to adjust status may be viewed by immigration authorities as evidence of fraudulently having an immigrant intent when entering the U.S. with the nonimmigrant visa, and that can have very harsh immigration-related consequences. 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 More

Although not completely clear from your question, I presume that you already have succeeded in attaining Conditional Resident status through a marriage-based adjustment of status application, that you are contemplating separation and divorce, and that you want to know whether you may succeed in a Petition to Remove Conditions without your husband's participation. If my presumption is correct, then note that generally upon becoming divorced a foreign national spouse may succeed in a Petition to Remove Conditions with a request for a waiver of the usual requirement that the U.S. citizen spouse participate in a jointly filed Petition. To succeed in that case, it would be necessary to have a strong set of documentary evidence showing that you and your husband lived together in a bona fide marriage notwithstanding that it ultimately ended in divorce. There are many other details of importance, including timing of the filing of such an application, for which 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 More

Generally, the initiation of an unsuccessful medical negligence civil lawsuit will not stand in the way of eligibility to become a naturalized U.S. citizen. That analysis may be different if criminal charges were ever brought against the foreign national associated with fraudulent conduct. 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 ways your husband may be able to attain immigration benefits through a marriage-based application. 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 husband (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

Generally a U.S. citizen (whether a citizen through naturalization or through birth) may succeed in sponsoring a parent for immigration benefits in the Immediate Relative visa category. If the U.S. citizen does not have sufficient documentable income to meet the requirements, it may be necessary to 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 in the Affidavit of Support. Of course, there are many additional details that determine immigration 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

Your question does not supply nearly enough information to provide a legal analysis or to determine an answer. 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 (How and when did he enter the U.S. What is his current immigration status? What immigration-related applications ever 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 More

While it may be true that unauthorized employment generally will not stand in the way of a successful marriage-based adjustment of status application for a foreign national married to a U.S. citizen, that does not provide protection to an employer for hiring someone who is not authorized to be employed. I recognize that the costs associated with the adjustment of status application process are substantial. Nonetheless, that is the way that a foreign national who has overstayed permitted temporary stay in the U.S. through the VWP, and who is married to a U.S. citizen, may become authorized to be employed. It may be wise to consider borrowing money for the application process so that you may initiate the case - within approximately 90 days of filing the suite of applications you may expect to receive an Employment Authorization Document (an "EAD" or "work permit") that will authorize you to be employed while your adjustment of status application remains pending. Of course, there are many other details that may have an impact upon adjustment of status eligibility. 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 More

Yes, a U.S. citizen may marry a foreign national regardless of whether the U.S. citizen may be disabled. Beyond that, upon becoming married, a U.S. citizen generally is able to sponsor a foreign national for immigration benefits through a marriage-based adjustment of status application (so that the foreign national may become a Lawful Permanent Resident - sometimes called "getting a Green Card." That is true regardless of whether the U.S. citizen may be disabled. Note, however, that if the U.S. citizen spouse does not have sufficient documentable income to meet the Affidavit of Support requirements, then it may be necessary to have a joint sponsor for the application. 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. Of course, there are many other details that determine immigration eligibility. It would be wise for you and your fiance/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 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 so that the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). This is true even if the foreign national spouse may have discontinued going to school associated with the F1 visa (but note, until an adjustment of status application becomes filed, if a foreign national overstays or otherwise fails to maintain her F1 status, she may be at risk of being placed in removal/deportation proceedings if the matter comes to the attention of immigration officials). In the adjustment of status process, if the U.S. citizen does not have sufficient documentable income to meet the legal requirements, it may be necessary to have a joint sponsor. A joint sponsor generally 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 many more details relevant for determining adjustment of status 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 More

In most instances, a U.S. citizen must have documentable annual income of $30,750 for a family of 4 (including the foreign national). If the foreign national is in addition to the family of four, then the required income amount is $35,975. Further details about this may be found in the USCIS's Form I-864P - here is a link to that form: If the U.S. citizen spouse does not have sufficient documentable income for the applicable family size, then 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 obligations associated with an Affidavit of Support may serve as a joint sponsor. Of course, there are many other details involved in 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 More

"Confidential marriage" is not a legally recognized term. If by that you mean that your or your husband are genuinely married but your and/or his family members are unaware of the legal marriage, then generally yes, a couple still may succeed with a marriage-based adjustment of status application. In that instance, however, you may expect the USCIS to require a particularly strong set of documentary evidence to show you and your husband are living together in a bona fide marriage notwithstanding that your parents did not attend your wedding and do not know about the marriage; it also may be helpful to be prepared to explain why a couple decided not to disclose their marriage. Of course, there are many additional 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 More

"Resident status" means being a Lawful Permanent Resident (sometimes called having a "Green Card"). If your boyfriend (father of your child) indeed is a Permanent Resident, then marrying him would not provide additional immigration-related benefits (with the possible exception of commencing a shorter time by which he could become eligible to apply to become a naturalized U.S. citizen). If your boyfriend is not a Permanent Resident, and instead he has a nonimmigrant visa (such as an H1B visa, for example), then there can be multiple immigration-related benefits to becoming married and proceeding with a marriage-based adjustment of status application process so that he may become a U.S. citizen. Of course, there are many other details that determine immigration eligibility, and it would be wise for you and your boyfriend 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

I assume that the "open case" you mentioned refers to state criminal litigation. If that is true, then while you may be eligible to file an application to become a naturalized U.S. citizen, you may expect the USCIS not to approve your application unless and until you are able to supply court-certified documentation showing that the criminal case has been satisfactorily concluded. The intersection of criminal law and immigration law is among the most complex of immigration-related legal matters. In some instances the USCIS will treat a case terminated with pretrial diversion or a similar conclusion the same as if it had been a conviction (i.e. in instances where an admission of the operative facts is a part of the process), and in some instances the USCIS will treat a misdemeanor conviction as a felony conviction. It may be wise for you to coordinate criminal case legal advice from a criminal defense attorney and immigration legal advice from an immigration lawyer in order to facilitate swift conclusion of the open case and in order to maintain eligibility for naturalization.... Read More

Generally, a U.S. citizen who otherwise is eligible for naturalization, can have her legal name restored to her as part of the naturalization process, and this is true regardless of whether she has not obtained a divorce from a husband with whom she is separated. Alternatively, a Permanent Resident may apply for a legal name change (in Georgia, that is done through an action filed in the Superior Court where the person resides). There is no additional fee for restoring an applicant's original name (as shown on a birth record) in the naturalization application process, although for that the naturalization ceremony must take place in a court rather than at the USCIS naturalization auditorium. That contrasts with costs for filing fees and for placing an announcement in the newspaper when legally changing one's name through a Superior Court in Georgia. 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 naturalization application process.... Read More

Generally, a single conviction for reckless operation of a motor vehicle five years ago will not interfere with eligibility to apply to become a naturalized U.S. citizen. A court-imposed order of probation from approximately 2012 - 2017 is quite unusual, however, and it would be wise for you to work with an immigration attorney who, after learning all of the 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 More

Generally, to be eligible to apply to become a naturalized U.S. citizen, an applicant must, among other things, meet two similar-sounding but different requirements: (1) requisite period of residence, and (2) requisite number of days of physical presence in the U.S. 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 More

With any immigration application it is essential for an applicant to provide information truthfully, and since indeed you were charged with an offense that is other than a traffic violation you should identify that matter and be ready to supply a complete set of court-certified disposition documents. Despite sealing of a criminal offense file or even full expungement of a court case, the USCIS will know about it from the very extensive background checks it conducts in an adjustment of status application process. While the offense you described shouldn't stand in the way of eligibility, failure to disclose it indeed may stand in the way of eligibility. It would be wise for you to work with an immigration attorney who, after learning all of the relevant information and seeing the court-certified 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

Entry into the U.S. with a visitor's visa requires "nonimmigrant intent," i.e. an intention to stay temporarily to visit and then to return abroad. One may enter the U.S. with nonimmigrant intent, however, and then later change his/her mind about intending to remain permanently. If you are a U.S. citizen and your girlfriend enters the U.S. with a visitor's visa having non-immigrant intent, and then three or four months later the two of you decide to become married, then indeed you should be able to sponsor her in a marriage-based adjustment of status case so that she may become a Lawful Permanent Resident (get a "Green Card"). Of course, there are many additional details that determine eligibility. It would be wise for you and your girlfriend 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 a U.S. citizen age 21 or older may sponsor a parent for attaining immigration benefits through an adjustment of status process if the parent is in the U.S., or through consular processing if the parent is outside of the U.S. There are, of course, many details that determine eligibility. There really is no substitute for your brother and your father 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 "name check" is merely one of multiple security background measures taken in connection with immigration applications. If someone with the same or similar name as you has a criminal record, a name check indeed may trigger further scrutiny (and delay) while a determination is made whether the person with the criminal record is the same as the person applying for immigration benefits.... Read More