Conley, GA Immigration Law Firms & Lawyers | Page 6 Results

Generally a petition for a name change may be pursued in a local court (in Georgia, that would be the Superior Court of the county where a person resides) to legally change a name before completion of a marriage-based application for adjustment of status. Another option, which avoids the costs and time involved with a court-order name change, may be to seek a legal name change within the adjustment of status application process itself. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant details, could advise you about eligibilities, options and strategies and could offer legal representation in the often complex application process.

Although not completely clear from your question, I presume that you are a U.S. citizen. Generally, if a U.S. citizen marries a boyfriend who entered the U.S. lawfully and with inspection (such as with an F-1 student visa), the couple could petition for him in the Immediate Relative visa category notwithstanding that the boyfriend had overstayed his previous student visa. Of course, that would be possible only if the couple entered into a genuine bona fide marriage, and not a fraudulent one entered for the purpose of getting a "Green Card." A criminal arrest or conviction may, however, stand in the way of eligibility to gain immigration benefits in that way. This is true regardless of whether a conviction becomes expunged. Not only would the foreign national need to honestly answer the question about having ever been arrested or convicted, but the arrest and conviction almost certainly will be revealed in the security background check that is a part of the immigration application process. That, too, is accurate notwithstanding a court-ordered expungement. If a criminal defense attorney tells your boyfriend otherwise, your boyfriend (and that attorney) should speak to an immigration attorney to learn the facts about this. Further, false statements in the immigration process can have profound and harsh consequences, and all applications must be answered accurately. A petty theft conviction may or may not have immigration consequences. Sometimes there are steps that can be taken after a conviction to mitigate or avoid immigration consequences even if the initial conviction would have immigration consequences. An immigration attorney, after learning all of the relevant details and reviewing court-certified copies of the arrest disposition documents, could advise about this. Note that if a criminal conviction becomes expunged, it can be very difficult and expensive to obtain court-certified copies of the relevant documents, and it would be a serious mistake to seek an expungement before consulting with an immigration attorney about the court-certified copies of documents that may be needed. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Your question is unclear as to whether you wish to extend your stay or your father's. Depending on the facts of your situation, you can file for an extension on his B-1. Visit uscis.gov for more information on how to obtain an extension of stay. You may be able to change status if you fit into another nonimmigrant visa category. In order to determine whether you can change your status would require much more information. If you feel you need assistance, you should speak with an immigration attorney. Feel free to contact me directly if you have any other questions.