Gainesville, GA Immigration Law Firms & Lawyers

Although not entirely clear from your question, it sounds like you are a foreign national who plans to marry a U.S. citizen as soon as he is released from prison, and his sister will serve as a joint sponsor in the application process. In a marriage-based application for a foreign national spouse to become a Permanent Resident (to get a "Green Card"), the U.S. citizen spouse's criminal history should have no impact upon eligibility. If the U.S. citizen spouse's income in insufficient to meet the requirements of the guidelines, then both he and a joint sponsor will need to supply an Affidavit of Support. If you, the foreign national spouse, entered the U.S. lawfully and with inspection and then overstayed the visa, you may be eligible to adjust status in the U.S. (and traveling abroad could cause delays/complications). If you entered the U.S. unlawfully and without inspection, additional details would be needed to address eligibilities, options and strategies. It would be wise to engage an immigration attorney to represent you and your husband in this important process. 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.

An approved I-140 Immigrant Petition exempts you from the statutory six year limit in H-1B status and allows you to obtain extensions of your H-1B status, in three year increments, until your Permanent Residency application is approved. This exemption would apply to Company A, B and C, even if the PERM/I-140 are sponsored by Company B.