Braselton, GA Immigration Law Firms & Lawyers

Generally, a Permanent Resident who marries a foreign national in the U.S. who is present with a valid nonimmigrant visa may sponsor the spouse in an application to adjust status, in the Family-Sponsored Second Preference (F2A) visa category to become a Permanent Resident. There is a backlog for visas in this category, however, and the beneficiary spouse would not be authorized to remain in the U.S. while awaiting availability of a visa unless he/she had another valid nonimmigrant visa. The same analysis does not apply to a foreign national who becomes married to a U.S. citizen. In that event, there is no backlog for visas and such a case may proceed even if the beneficiary spouse may have overstayed his/her initial nonimmigrant visa. It would be wise for you and your Permanent Resident spouse to consult an immigration attorney who, after learning all of the relevant information about each of you, could advise about immigration eligibilities, options and strategies, and who then could offer legal representation in the often complex application process.

Your upcoming marriage will not interfere with eligibility to naturalize, nor will the fact that you waited an unusually long time after becoming a permanent resident to start the naturalization process. You mentioned that you are awaiting an interview date after having filed your N-400 application last month, but note that in the adjudication process for a properly prepared and fully documented N-400 application the USCIS generally takes significantly longer than that to reach the interview stage. At the time of your naturalization interview and examination you will have an opportunity to update information in your N-400, including identification of your spouse. Once you become a naturalized citizen, you will be able to sponsor your wife in a marriage-based adjustment of status application; there is no need for you first to obtain a U.S. passport. Depending upon the circumstances, there could be advantages to petitioning for your wife while you still are a Permanent Resident, and then having the application category change once you become naturalized. For analysis of that detail, as well as evaluation of the many other details relating to immigration eligibility, it would be wise for you and your soon-to-be wife 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.

Your father may have to wait for passage of a new law to allow him to come back to the country. As part of the Senate bill for comprehensive immigration reform, relief could be given to those who were deported and had family members in the States. No one of course knows at this stage what parts of an immigration reform package would pass. Under present law, your father is unfortunately barred for a long time since he undoubtedly stayed in the U. S. for more than a year before going back to his home country, and then by the act of trying to reenter illegally and being deported, incurred a permanent bar. Hopefully some relief will be available to him in the future. 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.