Lithonia, GA Immigration Law Firms & Lawyers

Generally, a foreign national who entered the U.S. lawfully and with inspection (such as with F1 OPT status), and who then becomes married to a U.S. citizen, remains eligible for a marriage-based Adjustment of Status application notwithstanding that he/she may have overstayed an initial visa or have been employed without authorization. The filing of a marriage-based case should include an application for an Employment Authorization Document (an "EAD" or "work permit") which will authorize employment while the Adjustment of Status case remains pending. An EAD associated with OPT status is for specified employment as part of a student's training, while an EAD associated with an Adjustment of Status case is for any lawful employment. An employer should not accept as evidence of authorization for employment an OPT-related EAD that does not correspond to the employment contemplated by that employer. Of course, there are many other details involving eligibility for a marriage-based Adjustment of Status application in the Immediate Relative visa category, and involving eligibility for employment.

You are not doomed by your lack of present work if both the petitioner and beneficiary of the I-140 petition is you. Proof of you looking for work in research with immediate impact is highly relevant. Although the EB-1A category is for an extraordinary alien, a U.S.C.I. S. officer may still want to see proof of your ability to support yourself, so if possible, you should bring along to the interview an I-134 affidavit of support with evidence filled out by a family member or good friend for insurance. 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.  

A marriage-based immigration application requires Forms I-130 and I-485, each with a full set of supporting documents; Forms I-131 and I-765, as well as biographical information forms and an Affidavit of Support will be needed, along with supporting documents. Also among the needed documents are birth records, marriage certificate, evidence of the termination of your wife's first marriage (through divorce or death), and evidence that you and she are living together in a bona fide marriage. Other documents may be required too, depending upon your and your wife's circumstances. There is no law that requires a couple to be represented by an attorney in the immigration application process. Nonetheless, the application process can be far more complex than it might appear just from reading the forms and their instructions and researching information on the Internet. Failure to properly prepare and fully document an application can lead to significant delays or even more harsh consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information about you, your immigration-related history, your marriage, etc. would be able to advise about eligibilities, options and strategies, and would be able to offer legal representation for the application process.