Rincon, GA Immigration Law Firms & Lawyers

Based on your daughters age and your relationship to her, she will not qualify to be sponsored by you in the immediate relative category. Thus If she falls out of status while she's here, when the visa becomes available, she will not be able to qualify for sponsorship to get lawful permanent residence.

Generally, if someone enters the U.S. lawfully and with inspection, such as through the Visa Waiver Program, and then becomes married to a U.S. citizen, the couple may succeed with an adjustment of status application even if the foreign national may have overstayed her authorized stay - even if the overstay is very long. There are many more details that determine eligibility, however, and it would be wise for you and your fiance/fiance to consult with an immigration attorney.

Sorry to learn about the problems with your marriage. A U.S. Citizen does not have the authority to cancel a Conditional Resident spouse's "Green Card." Be aware that a single absence from the U.S. of 180 days or longer can create a presumption that a Conditional Resident has abandoned his residence in the U.S. and has abandoned his Conditional Resident status (and a single absence of 1 year or longer can create a non-rebuttable legal determination of abandonment). Also be aware of the requirement for a Conditional Resident to file a Petition for Removal of Conditions during the 90-day period before the end of two years following granting of Conditional Resident status. If the Conditional Resident no longer is married to the U.S. citizen spouse, he may file the Petition with a request for a waiver of the usual requirement that the two spouses file that Petition together. To be successful with the Petition, the Conditional Resident should expect to need to supply a strong and persuasive set of documentary evidence showing that the couple lived together in a bona fide marriage notwithstanding that the relationship ended in separation or divorce. It would be wise for you to consult directly with an immigration attorney who, after learning all of the relevant information about you, your marriage and your goals, would be able to advise you about maintaining your "Green Card" status and complying with immigration legal requirements, and would be able to offer legal representation in the Petition process (and, if you may be interested, the eventual naturalization application process).