Pavo, GA Immigration Law Firms & Lawyers

Generally, law violations can impact naturalization eligibility in two ways: (1) certain types of offenses can render a person ineligible, and (2) other offenses which by themselves would not create ineligibility, can interfere with an applicant's obligation to show that he/she does not lack good moral character and to show that he/she is attached to the laws and form of government in the United States. Ordinarily, minor traffic offenses do not trigger (1), but under certain circumstances, and especially if an applicant failed to pay a fine that a court ordered to be paid, it could trigger (2). There really is no substitute for having an immigration attorney review the disposition documents relating to the original citation and to the later arrest, in order to assess eligibility for naturalization. Additionally, note that an applicant should have court-certified copies of all the disposition documents for both matters, since the USCIS may be expected to require them.

As you probably realize, fees charged by immigration law firms depend upon many factors including the type of case for which legal representation is sought (naturalization, consular processing, adjustment of status, change of status, removal/deportation litigation, etc., etc.), the complexities and problems that might need to be overcome, and so forth. Some attorneys charge fees based upon the amount of time spent by the attorneys in the firm, billed against an advance retainer payment for the estimated total costs.

While it may be true that unauthorized employment generally will not stand in the way of a successful marriage-based adjustment of status application for a foreign national married to a U.S. citizen, that does not provide protection to an employer for hiring someone who is not authorized to be employed. I recognize that the costs associated with the adjustment of status application process are substantial. Nonetheless, that is the way that a foreign national who has overstayed permitted temporary stay in the U.S. through the VWP, and who is married to a U.S. citizen, may become authorized to be employed. It may be wise to consider borrowing money for the application process so that you may initiate the case - within approximately 90 days of filing the suite of applications you may expect to receive an Employment Authorization Document (an "EAD" or "work permit") that will authorize you to be employed while your adjustment of status application remains pending. Of course, there are many other details that may have an impact upon adjustment of status eligibility. There really is no substitute for you and your spouse 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.