Thomson, GA Immigration Law Firms & Lawyers

If a foreign national adjusts status based upon marriage to a U.S. citizen spouse, and the case is approved before the couple has been married for two years, then the foreign national will receive Conditional Resident status, sometimes called a "two-year Green Card," and the couple will need to file a Petition to Remove Conditions between 21 and 24 months following that approval. If at the time the marriage-based adjustment of status case is approved the couple already has been married for two years, then the foreign national will receive Permanent Resident status, and the couple will not need to file a Petition to Remove Conditions. Whether the foreign national receives Conditional Resident status or regular Permanent Resident status, the foreign national will become eligible to apply to become a naturalized citizen at the same time - in most cases that is as early as 90 days before the end of three years following the initial grant of Conditional Resident or Permanent Resident status. A U.S. citizen may petition for a sibling to obtain Permanent Resident status through an application in the Family-based Fourth Preference visa category. While it may appear that the backlog for visas is a shorter time, because less than a year's backlog is resolved each year, it may take 20 years or longer for a visa to become available for a newly filed case in this category. While waiting for a visa to become available, the foreign national sibling would not be permitted to remain in or be employed in the U.S. (unless with some other type of valid visa). An adult who remains unlawfully present in the U.S. for 180 days may become subject to a 3-year bar to entering the U.S., and unlawful presence of a year or longer can subject someone to a very harsh 10-year bar. Beyond those details, note that there has been discussion of legislatively eliminating the Family-based Fourth Preference category. For these reasons, an application in the Family-based Fourth Preference visa category almost never is a suitable strategy, and it may be wise for your brother to consult with an immigration attorney to explore other eligibilities, options and strategies.

ICE responds to complaints in its own time. It is even more aggressive these days in following up on complaints, and so it will likely work very quickly if you gave a good location. On the other hand, ICE also has much more work to do given the President's priority to move undocumented immigrants en masse from the country, and so that may slow down its response time. As with all undocumented immigrants, the coyote would be entitled to a hearing before the immigration court to determine his deportability. Working under the table is generally not used as a ground of deportability in the type of situation you describe, as that has more to do with the taxing authorities. 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.  

It is helpful for non-relatives to write your affidavits in support of your marriage. Your wife's parents can write affidavits, however, if you have friends that personally have known both you and your wife during your marriage, it would carry more weight. If you have other questions, feel free to contact me.