Lowndes County, GA Immigration Law Firms & Lawyers

Significantly more information is needed in order to provide a legal analysis of the most appropriate, swiftest and least expensive way for your wife to become a Lawful Permanent Resident (to get a "Green Card"). This includes, for example, information about your own immigration status (Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); information about your wife (Is she now in the U.S.? How and when did she enter the U.S.? What is her current immigration status? What immigration-related applications ever before may have been filed by or for her?); Etc. There really is no substitute 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.

Best wishes with soon having a baby and being a parent! Generally, if a foreign national enters the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the couple may succeed in a marriage-based adjustment of status application so that the foreign national will become a Lawful Permanent Resident (will get a "Green Card"). This is true regardless of whether the foreign national may have overstayed her initial visa. (By the way, the time permitted for her to remain in the U.S. is not governed by the 10-year period of validity for her multiple-entry visitor's visa, but instead is governed by the I-94 granted at time of admission.) More information would be needed in order to analyze whether the receipt of public assistance for the baby might interfere with eligibility for the mother to adjust status.

More information is needed. Did he enter the U. S. with a visa? Has he filed for adjustment of status? The I-130 petition will not prevent him from being questioned, nor does it prevent someone who is unlawfully present or an overstay from being placed in deportation/removal proceedings. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, before there are any more complications.