Winder, GA Immigration Law Firms & Lawyers | Page 3 Results

If your husband entered the US on a parole status instead of a visa, you could possibly work to adjust his status to permanent residence in the US without leaving. The major forms that you would be dealing with would be the I-130 relative petition and the I-485 adjustment of status application. If he entered the country illegally without being paroled, does not qualify under section 245(i) as having been the beneficiary of a labor certification application or immigrant visa petition by April 30, 2001 and being physically present in the US on December 21, 2000, you may think of processing under the Obama administration's I-601A program which allows an advance waiver of the penalty for being illegally in the US for a period of time. The relevant forms for that would be the I-130 relative petition, and after that is approved, the I-601A application form for a provisional waiver. If approved, your husband would ultimately complete his case at the American consulate or embassy in his home country, but if everything else is okay, he would be allowed to come back with an immigrant visa right after the interview. For further information you can check out the U.S.C.I.S. website at uscis.gov.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, a foreign national who entered the U.S. lawfully and with inspection (such as a child entering the U.S. with a visa and passport) who then becomes married to a U.S. citizen, may succeed in the Adjustment of Status application process in the U.S. (and without going abroad) to become a Lawful Permanent Resident (to get a "Green Card"), regardless of whether the foreign national may have overstayed the initial visa or even worked without authorization. The process includes filing a Petition for Relative Alien, an Application for Adjustment of Status, an Affidavit of Support, Biographical Information forms, etc. It would be wise for you and the U.S. citizen you plan to marry to consult with an immigration attorney to address eligibilities, options and strategies, and to provide legal representation in the often quite complex immigration application process.

When a foreign national who entered the U.S. lawfully and with inspection (such as with a J-1 visa) becomes married to a U.S. citizen, the couple may succeed with a marriage-based adjustment of status application process, so that the foreign national will become a Lawful Permanent Resident (will get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed a visa for a long time, and even if the foreign national spouse may have worked without authorization. It would be wise for you and your fianc?/fianc?e to consult with an immigration attorney who, after learning all of the relevant information, could advise you about immigration eligibilities, options and strategies.