Wilmer, TX Immigration Law Firms & Lawyers

You will need to apply for a visitor visa and can't use the visa waiver. You will also be required to file a Section 212(d)(3) waiver for the overstay; explain why it happened, that you are reformed, just coming for a short visit, strong ties abroad, left voluntarily, etc. I recommend getting an attorney to assist.

You can still proceed to remove the conditions of your status at the two-year anniversary of your temporary green card.  You must prove that your marriage was legitimate at the time it was entered into (something that should be easy to prove since you have children).  Divorce alone will not stop you from getting your green card.  However, you have to be a permanent resident in the US--you cannot live out side the US and still maintain your permanent resident status.

In looking at the California criminal code, the section that you cite appears to relate to petty theft. Five years is the usual period of time required for good moral character, and an offense like petty theft committed in 1994 far exceeds the five-year limit. It should not affect any application for naturalization in the absence of other criminal offenses. (I assume that if the petty theft occurred before receipt of permanent residence, the offense was disclosed to the immigration or consular officer). Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.