Blakely, GA Immigration Law Firms & Lawyers

In general, a US Citizen may help her husband apply to adjust status in the U.S. and become a Lawful Permanent Resident (get a "Green Card") if he entered the U.S. lawfully and with inspection, regardless of whether he may have overstayed his visa. If your husband entered the U.S. with a visitor's visa, and then promptly files to adjust status, there may be a presumption that he had an intention to remain permanently in the U.S. when he entered, and this could constitute visa fraud with very harsh consequences. The presumption may not apply if the adjustment of status application is filed more than 60 days after his entry, but that will not stand in the way of a USCIS adjudicating officer addressing this topic. It would be wise to engage an immigration attorney to review the specific details about your husband that will relate to a USCIS adjudicating officer's exercise of discretion on this topic. Some documentary evidence could be very important for indicating that when your husband entered the U.S. he genuinely intended to return abroad, just as he had done multiple times before, but this time after he entered the U.S. he had a change of plans.

There is no exception for police officer applicants regarding the 3-year period by which (most) Permanent Residents married to U.S. citizens must wait before being eligible to apply for naturalization - but note that one may file an application as early as 90 days before reaching that 3-year mark. Of course, it is possible to file an application for naturalization before one is eligible, but that application would be denied for lack of eligibility. To maximize actually obtaining naturalized citizenship at the earliest possible time, it would be wise to work with an immigration attorney who could represent you in preparing a properly completed and fully documented naturalization case for filing on the first day of eligibility. Failure to properly prepare an application or to provide a full set of supporting documents can result in substantial delays and even more harsh consequences.

Questions of support are not asked when your husband is attempting to remove the conditions on his green card. As long as your husband does not begin taking means tested benefits, he should be okay. 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.