Centerville, GA Immigration Law Firms & Lawyers

You should definitely hire an attorney to help you with this case. At a minimum, your son must petition for you on form I-130. The petition will take at least 1 year to be processed and then you will be scheduled for your immigrant visa interview (residency) at the US consulate in your home country. You will probably need to also file a I-601 waiver for the conviction and another waiver on form I-212 for having been previously deported.

Your question does not supply nearly enough information to provide a legal analysis or to determine an answer. This includes, for example, information about your own immigration status (Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); information about your fiance (How and when did he enter the U.S. What is his current immigration status? What immigration-related applications ever before have been filed by or for him?); Etc. There really is no substitute for you and your fiance 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.

The period of authorized stay on a Form I-9 identifies the period within which a visitor may remain in the U.S. lawfully. A foreign national who has applied to extend authorize stay, but whose application has not yet been approved, may not remain in the U.S. lawfully; she would be subject to being placed in removal/deportation proceedings, and she may start to accrue unlawful presence that could trigger a 3-year or 10-year bar to re-entering the U.S. Notwithstanding this, be aware that if a person enters the U.S. lawfully and with inspection, such as with a visitor's visa, and later becomes married to a U.S. citizen, under current immigration laws the couple may succeed in a marriage-based adjustment of status application process so that the foreign national spouse will become a Lawful Permanent Resident (will get a "Green Card"). This is true regardless of whether the foreign national spouse may have long overstayed a visa.