Georgia Immigration Legal Questions

Significantly more information is needed in order to provide a legal analysis of immigration eligibilities, options and strategies for your sister (who is applying to become a naturalized U.S. citizen) and for you (a foreign national who appears to be interested in starting over some type of application). There really is no substitute for you and/or your sister to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies, and who then could offer legal representation in the often complex application process.... Read More

Generally, a naturalized U.S. citizen age 21 or older may sponsor a parent to adjust status to become a Permanent Resident in the "Immediate Relative" visa category, and may do this notwithstanding that the parent entered the U.S. lawfully and with inspection but then overstayed an initial visa. Of course, there are many other details that relate to 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 - naturalization for you and adjustment of status for your mother 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 were approved for Conditional Resident Status (a "two-year Green Card") and now you have sought your former husband's cooperation in applying with you in a Petition to Remove Conditions. If that is so, then be aware that you do not need your former husband's participation, and in fact you will need to timely file a Petition to Remove Conditions with a request for a waiver of the usual requirement that a U.S. citizen spouse jointly file that petition. Of course, there are many additional considerations to take into account to determine the right course to take, the time for taking those steps, 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, a single DUI conviction six years before applying for naturalization will not stand in the way of eligibility to naturalize. This is true regardless of whether an applicant has taken advantage of the provisions of 245(i) in obtaining Permanent Resident status. Nonetheless, it would be wise to provide to the USCIS a full set of court-certified disposition documents from that conviction. It also would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibility and strategies, and who could offer legal representation in the often complex application process.... Read More

A U.S. citizen may sponsor a fiance for immigration benefits if she is old enough to become legally married in the place where the marriage is intended to take place. There are many other details that have an impact upon eligibility, however, 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

Generally, the USCIS will accept as valid a divorce decree that was lawful in the place where it was obtained. Your domestic relations/divorce attorney should be able to discuss with you whether there are any legal infirmities associated with the divorce you obtained in the U.S., and that attorney may provide a written explanation of the issue, citing applicable law, in case that may be sought by immigration authorities. For example, if your former spouse may have signed an Acknowledgement and/or Waiver of Service and otherwise consented to jurisdiction in the court that granted the divorce, the attorney's letter may explain that fact and its legal operation. Aside from this, 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

A foreign national who has an F1 student visa and has an approved Form I-130 application may not use that F1 visa to re-enter the U.S. with the intention of applying to become a Permanent Resident, nor may that foreign national re-enter the U.S. merely because a Form I-130 has been approved. Upon filing a Form I-485 application for adjustment of status along with applications for an Employment Authorization Document and Advance Parole, you may expect to receive the EAD/AP document within approximately 90 days of filing. The AP will authorize you to re-enter the U.S. while the Form I-485 application remains pending. There are many additional details of importance to determine the most appropriate ways to achieve your goals. 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, and who then could offer legal representation in the often complex application process.... Read More

Information about income requirements for a U.S. adult child to sponsor a parent may be found here: https://www.uscis.gov/i-864p. If you have insufficient documentable income, 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 responsibilities contemplated in the Affidavit of Support document may qualify as a joint sponsor. Of course, there are many additional details that impact 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

Generally, a single traffic offense for which an immigration applicant paid a fine will not stand in the way of eligibility to become a Lawful Permanent Resident (to get a "Green Card"). Failure to pay a fine ordered by a court, however, may be viewed as a lack of attachment to the laws of the U.S. and/or an act showing lack of good moral character. It would be wise to pay any fine that has been imposed by a court, and it also would be wise 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 upon your upcoming marriage. Generally, following marriage to a U.S. citizen there is no waiting period whatsoever before the U.S. citizen spouse may sponsor her husband for immigration benefits. In your circumstances, I presume that after you become married abroad you plan for your husband to "consular process" for the process by which he will seek to become a Lawful Permanent Resident (to get a "Green Card"). Of course, there are many details that address 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 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 of ways you can achieve your immigration-related goals. Note that entry into the U.S. through the visa waiver program, through a visitor's visa and through many other types of visas requires "nonimmigrant intent," i.e. an intention to enter only temporarily in compliance with the program or visa, and an intention then to depart. If your intention is to enter the U.S. in order to adjust status to become a permanent resident based upon your marriage to a U.S. citizen, then you would not have "nonimmigrant intent." Misusing the visa waiver program or a nonimmigrant visa can present risks of being found to have committed visa fraud, with very harsh consequences. Generally a U.S. citizen may sponsor a spouse to become a Permanent Resident without regard to the amount of time the U.S. citizen has lived and worked in the U.S. There are many other details that address 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

Although not completely clear, I presume your fiance is a U.S. citizen and that you attended school in the U.S. with a J-1 Exchange Visitor visa that you believe subjects you to a two-year home residency requirement. If that is accurate, it may be appropriate to explore whether your understanding is correct about the requirement, and to explore whether any such requirement may be waived. If the requirement exists and cannot be waived, then you may become married, fulfill your two-year requirement, and then apply to "consular process" in the Immediate Relative visa category. You could have your paperwork, including supporting documents, ready for use the moment you become eligible. Alternatively, if you did not first become married, then your fiance could apply for you to enter the U.S. with a K-1 fiance so that you could enter the country and become married within the required time, and then apply for adjustment of status to become a Permanent Resident.... Read More

Since your family already is represented by an immigration attorney who is familiar with your and your husband's situation, you should direct your question to your attorney instead of posting it to this forum. Your attorney should be made aware of this detail about the IRS immediately, and you should expect to receive a full and complete response from your attorney.... Read More

An immigration lawyer can help to put together an application and perhaps add in details or evidence which is not in a prior application. If a consular officer made a mistake of law, an immigration lawyer could also point that out. But where individuals are denied for visitors visas based on the consular officer's perception that the applicant may remain in the US instead of returning to the home country and there is no strong evidence to the contrary, an immigration lawyer is not a miracle worker. These types of determinations are non-appealable and perhaps the better solution would be to wait until the individual has enough bonds and ties in the home country to convince a consular officer to grant a visiting visa. 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 More

Significantly more information is needed in order to provide an immigration legal analysis for the children. Under some circumstances, they may be deemed to already be U.S. citizens, and then may benefit from applying for Certificates of Citizenship. 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

Significantly more information is needed in order to provide a legal analysis of ways your parents may be able to attain immigration benefits, but note that generally a U.S. citizen age 21 or older may successfully sponsor parents in the adjustment of status application process to become Lawful Permanent Residents (to get "Green Cards"). This is true even if your parents may have long overstayed their original visas. It would be wise 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 More

Significantly more information is needed in order to provide a legal analysis of ways your husband may be able to attain immigration benefits, but note that generally a foreign national who entered the U.S. lawfully and with inspection (such as with a visa that authorized employment), and who then became married to a U.S. citizen, may successfully apply to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if your husband may have long overstayed his original visa. 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

Significantly more information is needed in order to provide a legal analysis of ways you and your daughter may be able to achieve your goal. That 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 daughter (what is her age? Is she married?); what immigration-related application(s) ever have been filed by or for your daughter? Etc. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, could advise about immigration eligibilities, options and strategies, 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, ultimately resulting in becoming a naturalized citizen. 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 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 More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Were you charged with a felony or misdemeanor? Did you receive any jail time, and if so, how much? What was the value of the theft? What was the date of your conviction? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your situation and advise you of your options.... Read More

Generally, a U.S. citizen 21 years of age or older may petition for a parent to obtain immigration benefits, and generally, a U.S. citizen who becomes married may petition for a spouse even if the U.S. citizen spouse has not yet reached age 21. Additionally, the U.S. citizen may file applications for both a parent and a spouse at the same time. In connection with two applications, if the U.S. citizen's income is not sufficient to meet the Guidelines requirements for the applicable family size, it may be necessary to have a "joint sponsor" in the application process. 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 associated with the Affidavit of Support forms. It would be wise for you and your father, and also you and your fiance, to consult with an immigration attorney who, after learning all of the relevant details about your family members, would be able to advise about eligibilities, options, and strategies, and would be able to offer legal representation in the often quite 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

Significantly more information is needed in order to provide a legal analysis of immigration-related eligibilities for your fiance of the steps you and your fiance should take, and of the fees and expenses for the steps that should be taken. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant details, including information about how and when your fiance entered the U.S., about any immigration application history for your fiance, etc., then could advise about immigration eligibilities, options and strategies and could offer legal representation in the often quite 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

Best wishes with your efforts to resuscitate your marriage relationship. Generally, a couple can succeed in a jointly filed Petition to Remove Conditions if they are still living together in a bona fide marriage, notwithstanding that the marriage relationship has encountered significant problems. Evidence that the couple is obtaining professional marriage counseling services might be useful among the evidence of the bona fide nature of the marriage. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant details, could advise about immigration steps to be taken at this point. 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