Newnan, GA Immigration Law Firms & Lawyers

A visitor's visa does not automatically become void when a family-based immigration case is initiated for the holder of the visitor's visa. Each time a visitor's visa is used, however, immigration authorities must make a determination of whether the foreign national intends to visit temporarily and then return abroad (this "nonimmigrant intent" is the use contemplated for the visa), or intends to remain permanently in the U.S. ("immigrant intent," entering the U.S. on a visitor's visa with the intention of staying permanently, is prohibited and could constitute visa fraud, which could have very harsh immigration-related consequences). If a foreign national's parent files a Form I-130 Petition for Relative Alien, alone, and especially if the application is in a visa category for which there is a visa backlog, the foreign national should be able to continue to use a visitor's visa, especially with documentary evidence of nonimmigrant intent. Such documentary evidence might include, for example, evidence of having taken temporary leave of absence from a job abroad, evidence of having a home abroad, evidence of having banking and other relationships abroad, etc. If the foreign national actually commences consular processing steps or an application for adjustment of status, however, it may be extremely difficult to convince immigration authorities of nonimmigrant intent for use of a visitor's visa. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information about you, your immigration-related history, your goals, your mother (is she a U.S. citizen? is she a Permanent Resident? does she have some other immigration status?), could advise about immigration eligibilities, options and strategies, and could offer legal representation in the often quite complex application process.

Before becoming eligible to apply for citizenship, among many other requirements a foreign national first must become a Lawful Permanent Resident (must get a "Green Card") and complete the required time in that status (for most people, that means a requirement of being a Permanent Resident for five years). If you are a U.S. citizen, then upon reaching age 21 you may become eligible to support your parents in an adjustment of status application process in the Immediate Relative visa category, so that they may become Permanent Residents. The Adjustment of Status application process can be substantially more complex than it first may appear, and errors or failure to supply sufficient supporting documents can lead to long delays or even more harsh consequences. It would be wise for you and your parents to consult with an immigration attorney who, after learning all of the relevant information about your parents and about you would be able to advise about immigration eligibilities, options and strategies, and would be able to offer legal representation for the application process.

In general, a U.S. citizen may sponsor a spouse for immigration benefits and simultaneously sponsor other family members. There is no visa category, however, by which a U.S. citizen may sponsor the father, mother or sister of a spouse. Once the foreign national spouse becomes a Permanent Resident, and then later succeeds with an application to become a naturalized citizen, she will be able to sponsor her parents and siblings, but note that there is a very long backlog for visas in the category by which a U.S. citizen may sponsor a brother or sister, and so that rarely is a satisfactory immigration-related strategy. Of course, there are many other details that determine immigration eligibility. It would be wise for you and your husband 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.