Kathleen, GA Immigration Law Firms & Lawyers

Significantly more information is needed in order to be able to complete a legal analysis of your family members' situation and to suggest solutions. Such information might include, for example, information about you (are you a U.S. citizen? A Permanent Resident?); information about the family relationships (are the family members your parents? Your siblings? Your children? Your cousins?); and information about each family member's immigration history (what type of visa did each have? How long have they overstayed their visas and been unlawfully present in the U.S.? what country are they from?). There really is no substitute for engaging an immigration attorney who, after learning all of the relevant information, would be able to discuss immigration eligibilities, options and strategies. Be aware that in most cases, overstaying a visa by 180 days can trigger a 3-year bar to re-entering the U.S., and an overstay of 1 year or longer can trigger a very harsh 10-year bar to re-entering the U.S. 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.

There is no right to obtain employment authorization from the Department of Homeland Security by virtue of just being in removal proceedings with an approved I-130. If you have some other relief available such as an I-485 adjustment of status application pending with the I-130, you would be able to obtain employment authorization, obtain a Social Security card,  and thus be able to show such to the local DMV to obtain a drivers license. Otherwise the issuance of driver's licenses is up to the discretion of each state, and there are a number that give driver's licenses to undocumented immigrants. Your state, Georgia, does not.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Under present law, your son is eligible for adjustment of status under the original petition. The marital relationship was adjudged bona fide by USCIS as you are now a US citizen and could only have been adjusted to permanent residence through the petitioner of your K-1. The crux of the matter is that the original petitioner either had to have filed an I-864 affidavit of support in the past, or he is willing to do it now. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.