Centerville, 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.

There remains a very long backlog for visas in the Family-based Fourth Preference visa category (siblings of U.S. citizens). Although the dates shown in the Visa Bulletin issued by the U.S. Department of State may appear to show a somewhat shorter time, because less than a year's backlog usually is met in each 12-month period, the wait for a visa is likely to be 15 - 20 years or even longer. For this reason seeking to immigration through the FB4 visa category rarely is a satisfactory strategy, and it can be worthwhile to explore other possible eligibilities.

If your parents are United States citizens, you might be a citizen if one of them naturalized before you turned 18. If not, they can petition you again. You are resident until it is determined that you abandoned your residency. I need more details to provide a more detailed response.