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AV Preeminent Peer Rated Attorneys
Elmendorf Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Elmendorf 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).
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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.

How do I get my fiance to stay with me in the US until I get my citizenship?

Answered by attorney David Nabow Soloway
Immigration lawyer at Kennedy, Nalepa & Soloway, P.C.
Best wishes for the marriage you are planning. Here are a few details that should prove helpful for your considerations: There is no visa category for fiances of U.S. Permanent Residents. Each time a person enters the U.S. with a visitor's visa, she must have a genuine intention to stay temporarily and then return abroad in compliance with her visa - she is not permitted to enter with a visitor's visa while intending to marry you and live here permanently. If your fiance were to overstay her visa, if she came to the attention of immigration authorities she would become subject to being placed in removal proceedings, but generally the immigration authorities do not put much effort into addressing visa overstays and only take action when brought to their attention through a criminal arrest or similar matter. Once you become a naturalized U.S. citizen, you would be able to sponsor your wife to adjust status to become a Permanent Resident notwithstanding that she had entered the U.S. lawfully and with inspection but then had overstayed her visa. Generally, one may file a petition for naturalization 90 days before the end of the 5-year period applicable to most people. You might want to consider engaging an immigration attorney to prepare your naturalization petition package so you may file it at the earliest possible date and so you may maximize the likelihood of efficient and prompt processing/approval. The Atlanta Field Office of the USCIS has been taking approximately four months to process naturalization cases that can be adjudicated at the time of the naturalization interview and examination. For cases that cannot be finally adjudicated at the interview/examination, for example cases that lack some of the necessary supporting documents, delays then can take an additional nine months or even longer.
Best wishes for the marriage you are planning. Here are a few details that should prove helpful for your considerations: There is no visa category for fiances of U.S. Permanent Residents. Each time a person enters the U.S. with a visitor's visa, she must have a genuine intention to stay temporarily and then return abroad in compliance with her visa - she is not permitted to enter with a visitor's visa while intending to marry you and live here permanently. If your fiance were to overstay her visa, if she came to the attention of immigration authorities she would become subject to being placed in removal proceedings, but generally the immigration authorities do not put much effort into addressing visa overstays and only take action when brought to their attention through a criminal arrest or similar matter. Once you become a naturalized U.S. citizen, you would be able to sponsor your wife to adjust status to become a Permanent Resident notwithstanding that she had entered the U.S. lawfully and with inspection but then had overstayed her visa. Generally, one may file a petition for naturalization 90 days before the end of the 5-year period applicable to most people. You might want to consider engaging an immigration attorney to prepare your naturalization petition package so you may file it at the earliest possible date and so you may maximize the likelihood of efficient and prompt processing/approval. The Atlanta Field Office of the USCIS has been taking approximately four months to process naturalization cases that can be adjudicated at the time of the naturalization interview and examination. For cases that cannot be finally adjudicated at the interview/examination, for example cases that lack some of the necessary supporting documents, delays then can take an additional nine months or even longer.
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Can i have my son on my green card status?

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
By your green card preparation forms, you could mean either I-130 petition for alien relative or I-140 petition for alien worker or I-485 application to adjust status to permanent residence or DS-260 application for immigrant visa. If on either of the first 2, you can add your son in the next phase of the case, either on the I-485 or the DS-260. That assumes that you will both be interviewing at the same time at the same place. You would be filing another form I-485 or DS-260 on behalf of your son at the same time that you are submitting your applications. If you have already filed your I-485 or DS-260, you would be filing the same forms for your son. For an I-485, there is a good chance that your adjudication will come prior to that of your son. For a DS-260, you would have better chance of having the files put together so that you can both interview at the consular post at the same time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
By your green card preparation forms, you could mean either I-130 petition for alien relative or I-140 petition for alien worker or I-485 application to adjust status to permanent residence or DS-260 application for immigrant visa. If on either of the first 2, you can add your son in the next phase of the case, either on the I-485 or the DS-260. That assumes that you will both be interviewing at the same time at the same place. You would be filing another form I-485 or DS-260 on behalf of your son at the same time that you are submitting your applications. If you have already filed your I-485 or DS-260, you would be filing the same forms for your son. For an I-485, there is a good chance that your adjudication will come prior to that of your son. For a DS-260, you would have better chance of having the files put together so that you can both interview at the consular post at the same time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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Can a person be brought back to the US after being deported & what are the chances & options for it?

Answered by attorney David Troy Cox
Immigration lawyer at CoxEsq, PC
If he was deported because of a criminal record, he may be barred from returning for life depending on the crime involved.  Why was he deported (what did his deportation paperwork say)?
If he was deported because of a criminal record, he may be barred from returning for life depending on the crime involved.  Why was he deported (what did his deportation paperwork say)?
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