Winters, TX Immigration Law Firms & Lawyers

Best wishes for the marriage you are planning. Here are a few details that should prove helpful for your considerations: There is no visa category for fiances of U.S. Permanent Residents. Each time a person enters the U.S. with a visitor's visa, she must have a genuine intention to stay temporarily and then return abroad in compliance with her visa - she is not permitted to enter with a visitor's visa while intending to marry you and live here permanently. If your fiance were to overstay her visa, if she came to the attention of immigration authorities she would become subject to being placed in removal proceedings, but generally the immigration authorities do not put much effort into addressing visa overstays and only take action when brought to their attention through a criminal arrest or similar matter. Once you become a naturalized U.S. citizen, you would be able to sponsor your wife to adjust status to become a Permanent Resident notwithstanding that she had entered the U.S. lawfully and with inspection but then had overstayed her visa. Generally, one may file a petition for naturalization 90 days before the end of the 5-year period applicable to most people. You might want to consider engaging an immigration attorney to prepare your naturalization petition package so you may file it at the earliest possible date and so you may maximize the likelihood of efficient and prompt processing/approval. The Atlanta Field Office of the USCIS has been taking approximately four months to process naturalization cases that can be adjudicated at the time of the naturalization interview and examination. For cases that cannot be finally adjudicated at the interview/examination, for example cases that lack some of the necessary supporting documents, delays then can take an additional nine months or even longer.

First of all, you cannot petition your mother for citizenship, but you can petition her for permanent residency (green card) if you are over 21. You must, however, meet the income requirements for the affidavit of support. If you cannot been these requirements, it may be possible to obtain a joint or co-sponsor who does meet the requirements to assist you in bringing your mother here. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

It will depend on multiple factors, but at a minimum, it appears as if you will need to file 2 separate waivers after your visa interview at the US consulate. The first waiver is filed on form I-212 because you were previously deported from the US. The second waiver is filed on form I-601 because you were unlawfully present in the US in excess of 1 year when you departed the US pursuant to the order of removal.