Quitman, GA Immigration Law Firms & Lawyers

The USCIS generally considers a marriage to be valid for immigration legal purposes if it was legally valid where it took place. Note, however, that people are prohibited from entering the U.S. with a B1/B2 visitor's visa while intending to apply to adjust status to become a Permanent Resident. That is because a entry with a B1/B2 visa requires "nonimmigrant intent." Misusing a visitor's visa can have very harsh immigration-related consequences. It would be wise for you and your wife 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.

Generally a Permanent Resident who has resided outside of the U.S. for 10 years will be deemed to have abandoned his/her residence in the U.S. and his/her Permanent Resident status, and for that reason will need to start the process over again to gain U.S. immigration status. There are exceptions to this, such as for certain missionaries/religious workers, and for others who obtained advanced permission before departing the U.S. (such as for certain employees of the government or of businesses engaged in international trade).

The immigration consequences for criminal convictions can be far more complex than it might seem. Some dispositions (like pretrial diversion, first offender status, etc.) can be treated as convictions by the USCIS; some misdemeanors can be treated as felonies by the USCIS; etc. The charges that were filed are not controlling about naturalization eligibility, and instead you should obtain court-certified copies of all the disposition documents (this is likely to be difficult if the conviction was expunged, and may require a court order to obtain the certified copies; also note that expungement is meaningless to the USCIS in determining immigration eligibilities and consequences) and allow an immigration attorney to review them for you. Those same court-certified documents will be needed in the event an immigration attorney is able to confirm naturalization eligibility, since the USCIS will require that you supply them as part of the supporting documentation. While a single conviction for disorderly conduct may not stand in the way of naturalization eligibility, it certainly will make your application process more complicated. It would be wise for you to work with an immigration attorney for the naturalization process.