Metter, GA Immigration Law Firms & Lawyers

Generally, if a couple divorces after the foreign national spouse has obtained Conditional Resident Status, then it becomes necessary to file the Form I-751 Petition to Remove Conditions with a request for a waiver of the usual requirement that the couple continue to live together in a bona fide marriage and that they petition jointly; if the couple divorces after having filed a joint Form I-751 Petition, then the case can be converted from a joint petition to one with a request for a waiver. The circumstances you described, including the fact that your friend conceived and gave birth to another man's child while still married to the U.S. citizen spouse can be quite problematic for success with a Form I-751, and it would be an enormous mistake for your friend to go forward without legal representation from an immigration lawyer. Questions about whether your friend could take her U.S. citizen baby to another country will not be governed by U.S. immigration laws, but instead by domestic relations laws in the State where your friend and her baby live.

The April, 2017 Visa Bulletin issued by the U.S. Department of State shows a "final action date" of May 4, 2008 for applicants in the Family-based F4 visa category (brothers and sisters - who are nationals of most countries - of U.S. citizens). While that may appear to indicate that there is only two additional years of backlog for people in that category with Priority Dates in 2006, in fact it is common for less than a year of backlog to be cleared each year. Priority Dates progress and retrogress, and, regrettably, it may take significantly more than two additional years for your relatives' Priority Dates to become "current." Once they do become current, they should be able to "consular process" in order to enter the U.S. and become Lawful Permanent Residents (to get "Green Cards"). If at that time your income is insufficient to sponsor those family members according to the Poverty Guidelines for the applicable family size, then it will become necessary to have "joint sponsors" for those applications. Generally, a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support document. It would be wise for you and your family members to consult with an immigration attorney.

Significantly more information is needed in order to analyze and respond to your question. In order to apply for citizenship, an applicant first must be a Lawful Permanent Resident (have a "Green Card"). For most people, it is necessary to have a Green Card for five years before becoming eligible to apply for citizenship; for spouses of most U.S. citizens, the period is three years (but note that an application may be filed as early as 90 days before the end of the 5-year or 3-year period). Two DUI convictions generally will not stand in the way of eligibility, even when coupled with another traffic offense. It would be a mistake to pursue an immigration application under these circumstances without working with an immigration attorney who, after learning all of the relevant information about you and your immigration-related history and arrests/convictions, could advise you about eligibilities, options and strategies and could offer legal representation in the application process - which often is more complex than it might appear.