Brunswick, GA Immigration Law Firms & Lawyers

If your boyfriend has been in the United States in unlawful status for more than one year, leaving the country will trigger a ten year bar for reentry under the INA. Under the INA, over six months of unlawful status triggers a three year bar from reentry and over one year of unlawful status triggers a ten year bar. Your question cannot be answered accurately without more information. I recommend speaking with an immigration attorney regarding your situation to determine what your options are.

A U.S. Citizen lawfully may sponsor a spouse in a marriage-based adjustment of status application process regardless of whether he previously was successful in sponsoring a previous spouse, whom he divorced. The process can be complicated, however, because the USCIS can be expected to apply a heightened level of scrutiny to determine that both marriages had been bona fide. Generally that requires a strong set of documentary evidence showing that the U.S. citizen lived in a bona fide previous marriage notwithstanding that it ultimately ended in divorce, as well as a strong set of documentary evidence about the second marriage. There really is no substitute for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, including information about available documentary evidence, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

There are several factors relevant to what process you take. First, is your husband in the US or in Jamaica? If he is in Jamaica, you have to decide whether to file through the Jamaican Consulate Office or whether you want to file for a K-3 visa. If your husband is in the US, and if he qualifies to adjust status in the US, you need to file an adjustment of status. A standard adjustment of status usually takes between 4 and 6 months, but the specifics of a case may cause it to take longer. If you are unsure of how to go about the process, I recommend obtaining the assistance of an immigration attorney.