Opa Locka, FL Immigration Law Firms & Lawyers

In response to your question below, since you are the sponsor your financial status is in question, not your husband. Therefore, it is imperative that you file your taxes to meet the government's requirements. There are many other requirements and additional forms that will need to completed, however, that you did not mention in order for him to obtain his residency in the US. If you would like to discuss this please contact me for a consultation.

Yes. If you divorce your current spouse you will have to start all over by being petitioned by your new spouse. Also, if you have a pending Adjustment of Status application it will be denied if you divorce your spouse and you may be put into removal/deportation proceedings. Also,you can expect the USCIS to be suspicious of your new marriage so be prepared to explain how and why your first marriage ended.

For permanent residence, an applicant is not required to show good moral character although U.S.C.I.S. may deny an application based upon discretion where there are unfavorable factors. In your case, the question is whether U.S.C.I.S. will be able to use its discretion or whether you are barred from immigrating to the States by virtue of the marijuana offense. You say that you had a misdemeanor charge for marijuana and the first question is whether there was a conviction or guilty plea. If the charge was reduced or dismissed, or if the charge was possession of 30 g or less, you would not be barred. If there was a conviction or plea and the amount of marijuana was over 30 g, you would be deportable and would not be granted your permanent residence.  I note that U.S.C.I.S. requires you to bring a certified copy of the disposition with you to the interview.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.