Dawson, GA Immigration Law Firms & Lawyers

When someone who entered the U.S. lawfully and with inspection (such as with a J-1 nonimmigrant visa) becomes married to a U.S. citizen, the couple can complete the steps together for the foreign national to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). Adjustment of Status involves multiple details, and the filing and approval of a Form I-130 Petition for Relative Alien is just one of them. An applicant with a J-1 visa will have to prove that he/she is not subject to the two-year home residency requirement, or will have to prove that while subject to that requirement the requirement successfully has been waived. The USCIS's Atlanta Field Office (for cases in Georgia and Alabama) lately has been completing adjustment of status cases in approximately four months. When there have been deficiencies in the application process, not only including the initial forms and supporting documents, but also including the adjustment of status interview itself, there can be very long delays (7 - 12 months is not uncommon) or even more problematic consequences. Engagement of an immigration attorney can be helpful in assuring that all steps are properly taken and that the most persuasive and complete set of supporting documents are supplied to the USCIS.

Your question raises multiple important issues. The child of U.S. citizen parents already may be a U.S. citizen; if that does not apply to you, then there are limited means to lawfully enter the U.S. with the intention of becoming a Permanent Resident, and you have not identified a basis for that type of visa. If you are not a U.S. citizen, for example by being born to parents who became U.S. citizens after you were born, and if you lawfully enter the U.S. and properly apply to "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"), you simultaneously may apply for an Employment Authorization Document (an "EAD" or "work permit") that would authorize you to be employed in the U.S. while your adjustment of status application remains pending. Especially in light of the complications raised by these circumstances, it would be wise to work with an immigration attorney who, after learning all of the relevant information about you and your family, could advise you about eligibilities, options and strategies and represent you in the application process. 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.