Fort Oglethorpe, GA Immigration Law Firms & Lawyers

Although your question did not mention the type of application you contemplate filing, generally a police felony investigation without an arrest will be irrelevant for immigration application purposes. Depending upon other details not mentioned in your question, your two prior arrests for misdemeanor charges may interfere with application eligibility, however.

The USCIS generally considers a marriage to be valid for immigration legal purposes if it was legally valid where it took place. Note, however, that people are prohibited from entering the U.S. with a B1/B2 visitor's visa while intending to apply to adjust status to become a Permanent Resident. That is because a entry with a B1/B2 visa requires "nonimmigrant intent." Misusing a visitor's visa can have very harsh immigration-related consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Permanent Resident status is intended for people who actually reside in the U.S. With just a small number of exceptions, a single absence from the U.S. for a year or longer will give rise to a determination that the person has abandoned his/her residence in the U.S. and his/her status as a Permanent Resident. When that happens it can become necessary for the foreign national to commence the application all over again to gain permanent resident status.