Cumming, GA Immigration Law Firms & Lawyers

The employer can easily do a criminal background check on you that could reveal your arrest for misdemeanor. Also, the employer is not required to hire you if they don't want to as a result of your arrest.

Employment-based applications and family-based applications both provide pathways by which a beneficiary may adjust status to become a Lawful Permanent Resident (to get a "Green Card"). Both processes are governed by extensive regulations and contain many eligibility requirements. It would be necessary to learn many more details about you, your employer and your employment in order to complete a worthwhile analysis and to advise about the pathway that would be the easiest, fastest and most likely to be successful. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

A full legal analysis about your husband's eligibility for naturalization will depend upon the outcome of the criminal charges. Domestic violence indeed can stand in the way of naturalization eligibility and it even can have more harsh immigration-related consequences. It would have been wise to have engaged an immigration attorney at the time your husband first was arrested and also at the time your husband applied to become a naturalized citizen, so that the issue could be fully addressed at that point or points. Note that some criminal case dispositions that are not convictions in the criminal legal context still can be treated as convictions by the USCIS - that often turns on whether a defendant has admitted to the elements of the offense in connection with pretrial diversion or a similar disposition. There really is no substitute for consulting with an immigration attorney now. After learning all of the relevant information and seeing the court-certified disposition documents, an immigration attorney could advise about eligibility and about steps to take at this point - and that is true regardless of whether the criminal case already has been concluded.