Statesboro, GA Immigration Law Firms & Lawyers

Your aunt would NOT have become a U.S. citizen by virtue of the facts you mentioned. More information would be needed to analyze her situation and to make recommendations, but if she did not successfully complete the process to "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"), then she likely is out of status and at risk for being placed in removal/deportation proceedings if she were to come to the attention of immigration authorities. Depending upon details about her entry into the U.S., her adult U.S. citizen child or her current U.S. citizen husband could petition for her to "adjust status" now, notwithstanding a long overstay of her initial visa (and, depending upon more facts, notwithstanding an entry made without authorization). After being a Permanent Resident for five years she may apply to become a naturalized U.S. citizen (the period is 3 years instead of 5 years for most people married to a U.S. citizen). It would be wise for your aunt to consult with an immigration attorney. 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.

You can call around and perhaps visit with immigration lawyers who do not charge consultation fees if their offices do not give you an approximate figure over the telephone. Otherwise you can seek out Legal Services or other non-profit organization if you are income eligible or otherwise meet their eligibility standards. 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.  

Generally, the USCIS will consider a divorce to be valid if the divorce was lawful in the place where it occurred. If you are considering sponsoring a spouse for immigration benefits, there really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, including divorce details, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.