Georgia Immigration Legal Questions

Usually a criminal or traffic charge that has been dismissed will not stand in the way of eligibility for naturalization, but a major exception can exist where the USCIS concludes that a dismissal took place following an acknowledgement of the elements of the offense. For example, a dismissal following a pre-trial diversion where the defendant has aliquoted will be treated as a "conviction" by the USCIS. In the naturalization application process it will be necessary to disclose all arrests and citations and to provide a full set of court-certified disposition documents (or court-provided explanations about why disposition documents no longer exist). For this reason you will need those documents both to determine naturalization eligibility and also to support an application for naturalization. There really is no substitute for consulting with an immigration attorney who, after reviewing the records and learning all of the relevant facts, would be able to advise you about eligibility and could offer legal representation in the application process - a process made significantly more complex because of a record of arrests/citations.... Read More

Generally, when a U.S. citizen who marries a foreign national, they may succeed in a marriage-based adjustment of status application process in the Immediate Relative visa category notwithstanding that the U.S. citizen spouse owes back taxes or has ongoing controversies regarding taxes. Of course, there are many additional details that impact immigration-related eligibility, including the possibility that the tax issues reflect financial matters necessitating a "joint sponsor." It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant facts, could advise about immigration eligibilities, options and strategies and could offer legal representation in the often quite complex application process.... Read More

Eligibility for most adjustment of status applications includes a requirement that the foreign national be in valid nonimmigrant status at the time of filing, but there are exceptions. Your statement that the USCIS "offices are off" is unclear, but be aware that the USCIS is accepting for filing properly prepared applications for eligible applicants. Immigration legal issues and applications often are quite complex, and it would be wise for you to consult with an immigration attorney who, after learning all of the relevant information about you, your visitor's visa, your goals, etc. would be able to advise about immigration eligibilities, options and strategies and would be able to offer legal representation in an appropriate immigration application process.... Read More

Generally, an adjustment of status application process for a foreign national in the marriage-based Immediate Relative visa category involves filing a Petition for Relative Alien, an Application for Adjustment of Status, biographical information forms, an Affidavit of Support, application for an Employment Authorization Document (and for some, an application for Advance Parole) and a full set of supporting documents. Failure to properly complete and fully document applications can lead to substantial delays or even more harsh consequences. Immigration applications often can be far more complex than they may appear, and it would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information about you and your family could advise about immigration eligibilities, options and strategies, and could then offer legal representation in the application process.... Read More

Generally in a marriage-based immigration adjustment of status application process, a wife may select whether to use her maiden name or her husband's last name, and this is true regardless of how the wife's name was identified on 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 information about you, your wife and your goals, could advise about eligibilities, options and strategies and then could offer legal representation in the application process.... Read More

Generally, when a foreign national entered the U.S. lawfully and with inspection (such as with a visitor's visa) and then becomes married to a U.S. citizen, the couple should file a marriage-based adjustment of status application package (including the I-130 and I-485 applications, among others). Of course, there are many additional considerations that need to be considered in order to address eligibilities, such as whether there may be a two-year home residency requirement associated with the foreign national spouse's previous J-1 visa, and if so, whether it has been satisfied or waived. 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 you about eligibilities, options and strategies and could offer legal representation in the often quite complex application process.... Read More

Significantly, more information is needed in order to answer your questions, but generally a U.S. citizen may have pending immigration applications for both a spouse and a parent and there is no need to complete one before starting the other. There really is no substitute, however, for consulting with an immigration attorney who, after learning all of the relevant information about you, your husband and your mother, could advise about immigration eligibilities, options and strategies and could then offer legal representation in the application processes.... Read More

Although not entirely clear from your question, I presume you are a U.S. citizen with substantial documentable income; you are interested in sponsoring your husband in a marriage-based adjustment of status application; and you want to know whether your son's receipt of disability benefits, your receipt of child support and your residing in an apartment with rent tied to your income would interfere with eligibility. If my presumption is correct, then note that in such an immigration application process you would need to provide evidence of your earnings (such as tax returns) sufficient enough to exceed the government's published poverty guidelines for your family size, and frequently it will be important to supply a copy of an apartment lease (to show who is living in the apartment and/or to show you and your husband are both named in the lease). Beyond that, the USCIS will not be interested in your son's disability benefits, your receipt of child support or the rental fee you are paying. Of course, there are many other details that impact immigration eligibility. 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 you about immigration eligibilities, options and strategies, and who then could offer legal representation in the application process (which frequently is significantly more complex than it might appear).... Read More

Generally, a foreign national who is married, obtains a legal divorce, travels to Mexico, and becomes married there to a U.S. citizen or Permanent Resident can succeed with a marriage-based immigration application. If the petitioner is a U.S. citizen, then obtaining a K1 fianc? visa in order to travel to the U.S. and become married in the U.S. may be an option (that option is not available if the petitioner is a Permanent Resident rather than a U.S. citizen). Of course, there are many other details that impact immigration eligibility. There really is no substitute for you and your boyfriend consulting with an immigration attorney who, after learning all of the relevant facts, would be able to advise about immigration-related eligibilities, options and strategies and would be able to offer legal representation in the often quite complex application process.... Read More

Although not clear from your question, I presume you are a U.S. citizen who has become married, and who now wants to sponsor your husband in a marriage-based adjustment of status application process. If that is accurate, then the fact that you are awaiting receipt of your new U.S. passport showing your married name will not stand in the way of eligibility. Of course, there are many other details that impact eligibility. There really is no substitute for you and your husband consulting with an immigration attorney who, after learning all of the relevant information about you and your husband, could advise about immigration eligibilities, options and strategies, and who then could offer legal representation in the often quite complex application process.... Read More

The immigration consequences of criminal matters is among the most complex areas of immigration law. Outcomes that were not "convictions" still may be treated as convictions by the USCIS; offenses that were misdemeanors still may be treated as felonies by the USCIS; sometimes a criminal case outcome/sentence can become modified long after the fact; etc. There really is no substitute for having an immigration attorney review court-certified copies of the disposition documents (charging document, plea, court finding, court sentence, compliance with court sentence, etc.) in order to provide a legal analysis and to identify the best course of action to take in order to achieve your immigration-related goals. And note, even if the criminal matter did not stand in the way of eligibility for a marriage-based immigration adjustment of status application, it would be necessary to provide court-certified copies of the disposition documents to the USCIS anyway. 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

Generally, if a foreign national overstays a nonimmigrant visa, like a J-1 visa, he becomes unlawfully present in the U.S. and if he comes to the attention of immigration authorities he may be subjected to removal/deportation proceedings; unlawful presence for 180 days or longer could subject him to a 3-year bar to re-entry into the U.S., and unlawful presence for a year or longer could subject him to a very harsh 10-year bar. Nonetheless, if a foreign national who entered the U.S. lawfully and with inspection, such as with a J-1 visa, becomes married to a U.S. citizen, the couple may pursue a marriage-based adjustment of status application process notwithstanding that the foreign national overstayed an initial visa. In that instance, however, the foreign national would not be eligible to apply for Advance Parole (a "travel document" authorizing travel while the adjustment of status application remains pending). Note also that while a notation on a J-1 visa stating that it is not subject to the two-year home residence requirement may be accurate, it is not dispositive. Depending on factors such as the funding organization for the J-1 visa, it may be advisable to seek an Advisory Opinion Letter confirming the two-year rule does not apply. The application process often can be significantly more complex than it may appear from reading the application forms, their instructions, and the applicable parts of the immigration statute. 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 eligibilities, options and strategies, and who then could offer legal representation in the 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

Generally, if one person in a couple purporting to become married is not legally eligible to be married, such as by having a previously existing and non-terminated marriage to another person, then the subsequent purported marriage would be null and void. Significantly more information would be needed, however, to analyze the situation described in the message you posted. It would be wise for you to consult with a domestic relations attorney about the issue, and, if the question is being asked in the context of an immigration legal matter, it would be wise for you to consult with an immigration attorney too.... Read More

There are no visa categories by which a U.S. citizen girlfriend or boyfriend can sponsor a foreign national for immigration benefits, but immigration eligibilities for same-sex married couples is the same as for opposite-sex married couples (although sometimes appropriate supporting evidence may differ). If you and your girlfriend are contemplating marriage, it would be wise for you and her to consult with an immigration lawyer who, after learning all of the relevant facts, could advise about eligibilities, options and strategies and then could offer legal representation in a recommended course of action. I this regard it could be helpful to consult with an immigration law firm (like our firm) with experience successfully pursuing applications for same-sex married couples.... Read More

With your "Green Card," achieved through an employment-based application, you became a Lawful Permanent Resident and there is no need for you to file any additional applications or to update your records with the USCIS in any way other than complying with your continued obligation to notify the USCIS of any new residential address within 10 days of moving (that process is through filing a Form AR-11). The time with which you needed to wait in order to apply to become a naturalized U.S. citizen was reached in December, 2016 - as early as 90 days before the end of five years from the date you became a Permanent Resident, and so you already may be eligible to apply to become a naturalized citizen. In that application process it will be necessary to reveal that you now are married and to provide information about your U.S. citizen spouse, and of course there are many additional details that impact eligibility for naturalization. The Republican Administration's January 27, 2017 Presidential Executive Order initially included a travel ban on even Permanent Residents from listed countries, and that highlights some of the security and additional benefits of being a U.S. citizen over being a Permanent Resident. The naturalization application process can be significantly more complex than it first may appear, and it would be wise for you to consult with an immigration lawyer.... Read More

There is no single time period for USCIS approval of applications. The USCIS is inconsistent in the amount of time it takes to adjudicate cases, and its processing time can depend upon such issues as the type of case (marriage-based adjustment of status, other family-based adjustment of status, employment-based adjustment of status, applicable USCIS processing center, absence or existence of a visa backlog, quality with which an application has been prepared and thoroughness with which supporting documentation has been supplied, complications regarding security background checks, etc., etc. An immigration attorney who is thoroughly familiar with your case would be able to give you advice about ordinary processing times and expectations for your case.... Read More

Best wishes for your upcoming marriage. A U.S. Lawful Permanent Resident may sponsor a spouse for immigration in the Family-based Second Preference (F2A) visa category. According to the February, 2017 Visa Bulletin issued by the U.S. Department of State, there is a visa backlog in this category (visas now are available for applicants who filed their I-130 on or before April 15, 2015), and until the Visa Bulletin shows that an applicant's Priority Date has been reached, an I-485 application for adjustment of status application cannot be filed. There is no visa backlog for spouses of U.S. citizens, who qualify for the Immediate Relative visa category. One option may be to file a Form I-130 now in the F2A category, and if your spouse becomes naturalized before your Priority Date becomes current you could request that the visa category become upgraded to Immediate Relative. There are many details that should be considered in addressing immigration application strategies, including information about your own current immigration status, and the application process often is significantly more complex than it might appear from just reading the material posted online by the USCIS and reading the immigration regulations. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information about you and your fiance, would advise about immigration eligibilities, options and strategies and could offer legal representation in the application process (perhaps including representing your fiance in the naturalization application process to help assure that it becomes successful at the earliest possible time). 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 entirely clear from your question, it sounds like you are a Vietnamese national who soon will obtain dual citizenship from South Korea; you plan to become married to a U.S. citizen; you then plan to apply to become a U.S. Permanent Resident; and after being a Permanent Resident for the requisite number of years you plan to apply to become a naturalized U.S. citizen. If that is correct, then the answer to your question is that your achieving Korean citizenship would not stand in the way of your eligibility to ultimately apply to become a naturalized citizen. Of course there are many other details that impact immigration-related eligibility. It would be wise for you and your fiance to consult with an immigration lawyer who, after learning all of the relevant details about you, your plans and your goals would be able to 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

Generally when a foreign national has entered the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application notwithstanding that the foreign national spouse may have overstayed her initial visa. Of course, there are many other details that impact eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information about each of you, could advise about immigration eligibilities, options and goals and could offer legal representation in the often quite complex application process.... Read More

More information is needed for a legal analysis of your citizenship. Here is a good resource for information: https://www.uscis.gov/us-citizenship/citizenship-through-parents. If you were not born in the U.S. but nonetheless qualify for citizenship at birth, it may be wise to apply for a Certificate of Citizenship as evidence of your status as a U.S. Citizen, and it may be wise to consult with an immigration attorney about these issues.... Read More

In the N-400 application process it will be necessary to identify all offenses, including the one you described (which would be identified to the USCIS through the security background search in any event), and to provide a complete set of court-certified copies of disposition documents. With full and complete disposition documents, and assuming an absence of other blemishes on your record, I would expect the offense you described not to stand in the way of your eligibility for naturalization.... Read More

I will assume for purposes of your question that you are either a US citizen or permanent resident. If a US citizen, you generally have the choice of petitioning for her as a fiancée under K-1 visa or marrying her and petitioning for her to obtain an immigrant visa through form I-130 Petition for Alien Relative and later consular processing. If a green card holder, you could marry her and petition for her an the same manner. K-1 visa processing usually takes between nine months to a year; and I-130 processing/consular processing by US citizen one year and by permanent resident two + years. In addition, if your Dominican Republic lady has good reason to come to the US temporarily, she may be able to obtain the appropriate nonimmigrant visa at the American consulate or embassy.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