Chamblee, GA Immigration Law Firms & Lawyers

Yes, but you must demonstrate to the satisfaction of USCIS that it should accept your application sooner.  Normally, this is done by filing and securing a divorce order, but there may be other options best discussed at a consultation with a competent and experienced immigration attorney.

In order for a foreign national to enter the U.S., he or she must have authorization to do so in the form of a visa. Generally, when a foreign national becomes married to a U.S. citizen, the couple can succeed in consular processing in the Immediate Relative visa category so that the foreign national spouse may enter the U.S. and ultimately become a Lawful Permanent Resident (i.e., get a "Green Card"). Of course, there are many other details addressing eligibility for consular processing, and it would be wise for you and your U.S. citizen spouse to consult with an immigration attorney who, after learning all of the relevant details, would be able to advise you about eligibilities, options and strategies and who could offer legal representation in the often quite complex application process.

Hello. Unfortunately, by leaving the US for longer than a year, he did give up his US Residency/Green Card. To get citizenship, he must have been a Resident and in your custody. However, he was with his father and thus did not (likely) qualify. If he is still under 21, you can re-file his green card to get him back in the US as a Resident. This process may take up to a year to process via the Embassy. Please let me know if I can be of any help.