AV Preeminent Peer Rated Attorneys
Cumming Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Cumming Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Cumming Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 202 Canton Rd., Ste. 202, Cumming, GA 30040

  • 102 Mary Alice Park Road, Suite 602, Cumming, GA 30040

  • 520 Pirkle Ferry Rd., Ste. C, Cumming, GA 30040

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  • 1593 Peachtree Pkwy., Ste. 204-393, Cumming, GA 30041

  • 108 Colony Park Drive, Suite 100, Cumming, GA 30040

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Looking for Immigration Lawyers in Cumming?

Immigration lawyers help individuals, families, and businesses navigate the complex laws governing entry and residence in the United States. They handle matters such as visas, green cards, citizenship applications, asylum claims, and deportation defense. Their expertise is crucial for overcoming bureaucratic hurdles and achieving immigration goals successfully.

About our Immigration Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
50 %

19 Client Reviews

PEER REVIEWS
4.6

6 Peer Reviews

Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can my soon to be husband file a petition for me if we are getting married on August and he is 18 years old?

Answered by attorney David Nabow Soloway
Immigration lawyer at Kennedy, Nalepa & Soloway, P.C.
Although not completely clear from your question, I presume that your soon-to-be husband is a U.S. citizen and you already are in the U.S. If that is true, then generally he will be able to sponsor you for the adjustment of status application process so that you may become a Lawful Permanent Resident (get a "Green Card") if you entered the U.S. lawfully and with inspection. This is true regardless of whether you may have overstayed your visa and even if you may have worked without employment authorization. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information about each of you, would be able to advise about immigration-related eligibilities, options and strategies, and would be able to offer legal representation.
Although not completely clear from your question, I presume that your soon-to-be husband is a U.S. citizen and you already are in the U.S. If that is true, then generally he will be able to sponsor you for the adjustment of status application process so that you may become a Lawful Permanent Resident (get a "Green Card") if you entered the U.S. lawfully and with inspection. This is true regardless of whether you may have overstayed your visa and even if you may have worked without employment authorization. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information about each of you, would be able to advise about immigration-related eligibilities, options and strategies, and would be able to offer legal representation.
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Can my wife stay beyond her visa expiration without jeopardizing her approval of our I-130 petition?

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Answered by attorney Phong Thanh Tran (Unclaimed Profile)
Immigration lawyer at Law Office of Pho Ethan Tran, PLLC
As the spouse of a US citizen, your wife is eligible to apply for permanent residency while in the United States even though she entered the US without a visa, because there is an exception for immediate relatives of US citizens. The process is called adjustment of status and the application is filed on form I-485. As long as you are able to convince USCIS that she did not have the intention to remain in the US when she entered under the visa waiver program, her application should be processed without any complications. You should submit a copy of her round trip airfare to prove that she had the intention to return to Australia to wait for the processing of the I-130 petition. If you are unsuccessful in that regard, USCIS will likely require her to file a waiver on form I-601.
As the spouse of a US citizen, your wife is eligible to apply for permanent residency while in the United States even though she entered the US without a visa, because there is an exception for immediate relatives of US citizens. The process is called adjustment of status and the application is filed on form I-485. As long as you are able to convince USCIS that she did not have the intention to remain in the US when she entered under the visa waiver program, her application should be processed without any complications. You should submit a copy of her round trip airfare to prove that she had the intention to return to Australia to wait for the processing of the I-130 petition. If you are unsuccessful in that regard, USCIS will likely require her to file a waiver on form I-601.
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Should we get married in another country and then apply for a visa?

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Answered by attorney William D. Fong (Unclaimed Profile)
Immigration lawyer at Fong Ilagan
It depends on the exact facts of his entry, and any immigration filings done for him or his parents before April 30, 2001. If he is not eligible to adjust his status in the US, then you should marry here and then file the I-130 relative petition, then he will need to go to his home consulate to apply for the immigrant visa and the waiver. Be sure to consult with an experienced immigration attorney to assess his eligibility for the waiver.
It depends on the exact facts of his entry, and any immigration filings done for him or his parents before April 30, 2001. If he is not eligible to adjust his status in the US, then you should marry here and then file the I-130 relative petition, then he will need to go to his home consulate to apply for the immigrant visa and the waiver. Be sure to consult with an experienced immigration attorney to assess his eligibility for the waiver.
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