Rome, GA Immigration Law Firms & Lawyers

A single DUI conviction will not stand in the way of eligibility to become a Permanent Resident, and a foreign national need not have completed probation in order to apply for Permanent Resident status. You may expect the USCIS to require, however, that probation be completed and that you supply certified copies of all disposition documents (including certified copies of records showing that you satisfied probation and the case is "closed") before an application for Permanent Resident status is approved. Note: sometimes it may be possible for a criminal defense attorney to ask the court to shorten a probation period, especially when there are important immigration-related considerations. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

First, what is your status? Are you a US citizen? Second is her visa subject to the two year return home requirement? If not then she won't need a waiver to file for adjustment of status. Consider working with an attorney to represent you from start to finish. Some of us charge a very affordable flat fee for representation and counsel anywhere in the USA can represent you. 

For a goal of obtaining Lawful Permanent Resident status (getting a "Green Card"), generally a U.S. citizen and his foreign national spouse must file a Petition for Relative Alien, an Application for Adjustment of Status, Biographical Information forms, an Affidavit of Support, an Application for an Employment Authorization Document and a full set of supporting documents for each. If the foreign national spouse now is in valid nonimmigrant status, an Application for Advance Parole with supporting documents also should be filed (note: there no longer is a separate filing fee for an Application for an Employment Authorization Document or for an Application for Advance Parole). Failure to properly prepare and fully document each application can lead to significant delays or even more harsh consequences. Especially since you and your wife appear to be less than fully familiar with the marriage-based adjustment of status application process, which can be far more complex than it might first appear, it would be wise for you to consult with an immigration attorney for legal representation.