Georgia Immigration Legal Questions

Generally, a foreign national who entered the U.S. lawfully and with inspection, such as entering with a visitor's visa, and who later becomes married to a U.S. citizen, can succeed in a marriage-based adjustment of status application to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if the foreign national may have long overstayed the initial visa. Of course, there are many other details that have an impact upon eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant details, could advise about immigration eligibilities, options and strategies, and then could offer legal representation in the often complex application process.... Read More

Generally, a Permanent Resident may sponsor a spouse and a spouse's children under age 21 who are in Mexico through "consular processing" in the Family-based F2A visa category. The May, 2017 Visa Bulletin issued by the U.S. Department of State shows, however, a backlog for visas in that category, with a "date for filing" for Mexican nationals with Priority Dates of April 8, 2016 or earlier, and a "final action" date for those with Priority Dates of June 22, 2015 or earlier. Aside from the timing issues, there are, of course, many other details 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 facts, would be able to advise about immigration eligibilities, options and strategies and who then could offer legal representation in the often complex application process.... Read More

A foreign national in the U.S. with an expired visa indeed may become subject to removal/deportation, and that is true regardless of whether she is married, whether she has a child or whether she or the child may have a medical condition. If you are a U.S. citizen, however, you may be able to sponsor your wife to become a Permanent Resident (to get a "Green Card") notwithstanding that her visa already has expired. It would be wise for you and she to consult with an immigration attorney who, after learning all of the relevant facts, could advise about immigration eligibilities, options and strategies and who could then offer legal representation to pursue achieving your family's immigration-related goals.... Read More

The April, 2017 Visa Bulletin issued by the U.S. Department of State shows a "final action date" of May 4, 2008 for applicants in the Family-based F4 visa category (brothers and sisters - who are nationals of most countries - of U.S. citizens). While that may appear to indicate that there is only two additional years of backlog for people in that category with Priority Dates in 2006, in fact it is common for less than a year of backlog to be cleared each year. Priority Dates progress and retrogress, and, regrettably, it may take significantly more than two additional years for your relatives' Priority Dates to become "current." Once they do become current, they should be able to "consular process" in order to enter the U.S. and become Lawful Permanent Residents (to get "Green Cards"). If at that time your income is insufficient to sponsor those family members according to the Poverty Guidelines for the applicable family size, then it will become necessary to have "joint sponsors" for those applications. 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. It would be wise for you and your family members to consult with an immigration attorney.... Read More

Significantly more information is needed in order to answer your question. What immigration-related goal are you trying to achieve? Where are you proposing that your boyfriend would go? Whose income or bank information is the subject of the inquiry? What is the intended purpose of the income or bank information?... Read More

Generally, a U.S. citizen age 21 or older may sponsor a parent to become a Permanent Resident through "consular processing" in the Immediate Relative visa category, and this is true even if the parent may have previously overstayed a visa. There are exceptions to this general rule, however, such as in instances where a parent had overstayed a visa for more than 180 days (and become subject to a 3-year bar to re-entering). 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 immigration eligibilities, options and strategies and who then could offer legal representation in the often complex application process.... Read More

You start by filing an I-130 and gathering all the necessary documentation to support the relationship. I suggest that you contact an experienced immigration attorney to help you and make sure that the necessary paperwork and documentation is properly presented so as not to delay the process.... Read More

Additional information is needed in order to provide an immigration legal analysis for your husband. This includes information about his immigration-related history, information about your own immigration status (I presume you are a U.S. citizen or Permanent Resident), etc. There really is no substitute for you and your husband consulting with an immigration lawyer who, after learning all of the relevant information, could advise about immigration eligibilities, options and strategies, and then could offer legal representation for 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

Although not clear from your question, it sounds like your fiance is a U.S. Lawful Permanent Resident (holder of a "Green Card") and you are interested in the possibility of her sponsoring you in an immigration application after you become married. If that is accurate, then significantly more information is needed in order to advise about the steps to be considered and taken. Generally, a Permanent Resident may both apply to renew her Green Card and sponsor a spouse in an immigration application. Additionally, a Permanent Resident whose "Green Card" is about to expire may be eligible to apply to become a naturalized U.S. citizen and then sponsor a spouse for immigration benefits in the Immediate Relative visa category (which has multiple advantages over sponsoring a spouse in one of the "preference categories"). 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 immigration eligibilities, options and strategies, and who then could offer legal representation in the often quite complex application process(es). 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

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. Is your husband I n the U.S.? If so, how did he enter the country? Does he have any criminal history? What is your status? U.S. citizen? Legal Permanent Resident? Undocumented? 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 situation.... 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. The main issue is the terms of the conditional dismissal. Was this a pre-plea deal? Did you have to plead to the charges first and then have the charges dismissed after completing the program? Did you consult with an attorney, preferably an immigration and criminal defense attorney prior to taking the deal? Since we do not have all the facts, it is impossible to give a meaningful answers. Family violence or Domestic Violence cases are tricky from an immigration standpoint and can have consequences including being deportable and being inadmissible.... Read More

A foreign national's eligibility for naturalization will not be impacted by his spouse's debts relating to unemployment benefits. Of course, there are many other details that relate to naturalization eligibility. It would be wise for your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibility and could offer legal representation in the often complex application process.... Read More

Generally, a U.S. citizen may sponsor a spouse to become a Lawful Permanent Resident (to get a "Green Card") in the immediate relative visa category if the foreign national spouse entered the U.S. lawfully and with inspection (such as with a J-1 visa), and this is true even if that spouse may have long overstayed the original visa. When a foreign national spouse has had a J-1 visa, however, it will be necessary to address whether the person was subject to a two-year home residency requirement. If such a requirement was associated with the J-1 visa, then it will need to be satisfied or the requirement will need to be formally waived before the person becomes eligible for adjustment of status. It would be wise for the couple to consult with an immigration attorney who, after learning all of the relevant information, including details about the J-1 visa, could advise about immigration eligibilities, options and strategies, and could offer legal representation in the often complex application process.... Read More

Significantly more information is needed in order to analyze your immigration legal situation. Are you already a Lawful Permanent Resident who is considering applying to become a naturalized citizen? Are you a nonimmigrant for whom a spouse filed only a Form I-130 petition for relative alien? What is your immigration-related history, including method and date for entering the U.S.? How old are your U.S. citizen children? Etc. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, could advise about immigration-related eligibilities, options and strategies and could offer legal representation in the often complex application process. ... Read More

Although not completely clear from your question, I presume that you are a U.S. citizen and that your fiance entered the U.S. lawfully and with inspection (showed a valid visa when he entered. In that event, upon becoming married you may sponsor him in an adjustment of status application process by which he will seek to become a Lawful Permanent Resident (get a "Green Card"). As part of that application process, he will need to address his three DUI cases, and depending upon the details he may be required to provide court-certified copies of arrest disposition documents and even may be required to provide evidence that he is not a "habitual drunkard" - an awkward term used by the USCIS in assessment of adjustment of status eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all the relevant details, could advise about immigration eligibilities, options and strategies, and could offer legal representation in the often complex application process.... Read More

There is no immigration via category by which a U.S. Lawful Permanent Resident (holder of a "Green Card') may petition for a girlfriend or boyfriend, and this is true even if the couple may have a child together, but a Permanent Resident may sponsor and petition for a spouse. When the spouse is abroad, the application process is known as "consular processing." The time for completing consular processing depends upon many factors not mentioned in your question, including the country of which your girlfriend is a national. If you soon may become eligible to apply to become a naturalized citizen, then upon succeeding with that application, and upon becoming engaged to your girlfriend, you may be able to sponsor her for a fiance visa for the purpose of coming to the U.S. to marry you within the required time, and then applying for adjustment of status. Of course, there are additional details that have an impact upon immigration eligibility. It would be wise for you and your girlfriend to consult with an immigration attorney who, after learning all of the relevant facts about each of you, could advise about immigration eligibilities, options and strategies and could represent you and her in the often complex application process.... Read More

Significantly more information is needed in order to address how long it may take for you and your husband to complete consular processing and become able to join you in the U.S. That includes, for example: Are you a U.S. citizen? Are you a Permanent Resident? What is your husband's nationality? Has any application beside the I-130 ever been filed for your husband? Etc. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise you about eligibilities, options and strategies, and could offer legal representation in the often complex application process.... Read More

When an adult U.S. citizen sponsors a parent in the adjustment of status application process, the U.S. citizen must file an Affidavit of Support regardless of his/her income or history of filing tax returns. If the U.S. citizen does not have sufficient documentable income (as would be the case where that person was not required to file a tax return), then it would be necessary to have a joint sponsor as part of the application process; the joint sponsor would need to provide an Affidavit of Support too, and would need to provide documentary evidence of sufficient income to meet the legal requirements for the applicable family size. 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. In the application process it may be necessary to show the USCIS that the petitioning U.S. citizen did not file a tax return because he/she had insufficient income to be required to file the tax return. It would be wise for your family to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise about eligibilities, options and strategies and would be able to offer legal representation in the often complex application process.... Read More

The short answer is "Yes", but they may need a waiver for hte overstay. I would suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your parent's situation. (S)he would then be in a better position to analyze their problem, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process. Good luck.... Read More

Generally, a U.S. citizen age 21 or older may petition for parents to adjust status to become Lawful Permanent Residents (get "Green Cards") if they entered the U.S. lawfully and with inspection but then overstayed their visas - this is true even if they may have overstayed by 20 years. If they did not enter lawfully and with inspection, then significantly more information is needed in order to provide a legal analysis of eligibilities, options and strategies that may be available to them. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information about your family members, could advise about immigration-related eligibilities, options and strategies, and then could offer legal representation in the often complex application process.... Read More

You must file an N-400, because both of your custodial parents had to naturalize before you turned 18 years of age. There may be other challenges, so you should get legal advice from a competent and experienced immigration attorney before you file the form. Some get referred to immigration court for deportation with what seem to some like minor civil immigration violations. Good luck. The above is general information, not legal advice and does not create an attorney client relationship.... Read More

As a lawful permanent resident, your petition for a spouse can take years, because she is subject to a visa quota enacted in 1990 as the spouse of a permanent resident (See Visa Bulletin for F2a category). You should seek U. S. Citizenship as soon as you can qualify. However, your son may be able to secure a U. S. Passport and enter the U. S. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney, who can take enough time to ask enough questions, explain matters, and provide enough legal advice to your satisfaction. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

When a Lawful Permanent Resident becomes married to a foreign national, and the couple lives in the U.S., they may be able to successfully pursue the steps for the spouse to become a Permanent Resident, beginning with a Form I-130 Petition for Relative Alien. When names to not precisely match from document to document as described in your question, that generally is a relatively minor complication that can be addressed in the application process by showing the person is known by multiple names, without the necessity of applying for a replacement "permanent resident card" or seeking to modify a marriage certificate. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant details, could advise about eligibilities, options and strategies, including the most appropriate ways to address the inconsistencies in use of names, and who could offer legal representation in the often complex application process.... Read More

When an adult U.S. citizen sponsors a parent to obtain immigration benefits through consular processing, that parent's immigration-related history must be revealed in the application process (and immigration authorities will have that information and the relevant files at hand even if a family wrongfully omits the revelation). Immigration authorities will review the old application file to assure an absence of inconsistencies and to assure that the old application had not been fraudulent. Additionally, it may be necessary to formally withdraw the long-pending application previously filed by your mother's former husband. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, including details about your mother's immigration-related history, could advise about eligibilities, options and strategies and could offer legal representation in the often complex application process.... Read More

Generally a petition for a name change may be pursued in a local court (in Georgia, that would be the Superior Court of the county where a person resides) to legally change a name before completion of a marriage-based application for adjustment of status. Another option, which avoids the costs and time involved with a court-order name change, may be to seek a legal name change within the adjustment of status application process itself. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant details, could advise you about eligibilities, options and strategies and could offer legal representation in the often complex application process.... Read More