Riverdale, GA Immigration Law Firms & Lawyers

You must always disclose arrests when asked by immigration. However, only convictions can be used against you unless you admit under oath that you had committed a crime. Furthermore, there is an exemption for first time petty theft convictions that you may be able to use.

Generally, a foreign national who entered the U.S. lawfully and with inspection, such as entering with a visitor's visa, and who later becomes married to a U.S. citizen, can succeed in a marriage-based adjustment of status application to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if the foreign national may have long overstayed the initial visa. Of course, there are many other details that have an impact upon eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant details, could advise about immigration eligibilities, options and strategies, and then could offer legal representation in the often complex application process.

From the facts listed, it does not appear that this incident would result in an approved U visa application. The U visa is utilized for victims of domestic violence, felonious assault, imprisonment, etc.