Stone Mountain, GA Immigration Law Firms & Lawyers

Generally, a foreign national who enters the U.S. lawfully and with inspection, and who then becomes married to a U.S. citizen, may succeed in a marriage-based adjustment of status application process to become a Lawful Permanent Resident (to get a "Green Card") notwithstanding that the foreign national has overstayed an initial visa. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant facts, will be able to advise about eligibilities, options and strategies, and will be able to offer legal representation in the often complex application process.

I think you should consider the voluntary departure. This is a serious matter and whatever you do today may affect his chances to return to the U.S. in the future. If your husband was convicted with felony, he is not eligible to come back to the U.S.

Generally, a U.S. citizen age 21 or older may sponsor a parent living abroad to obtain immigration benefits through consular processing. Significantly more information is needed in order to provide a legal analysis of eligibility for your father and to provide an estimation of the time involved for the process. It would be wise for you 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.