Scottdale, GA Immigration Law Firms & Lawyers

There is no statutory "waiting period" for a U.S. citizen to sponsor a spouse for immigration benefits after having become divorced from a previously sponsored spouse. Note, however, that in the application process it may be necessary to show both that the current marriage and the former marriage were bona fide, notwithstanding that the first marriage ended in divorce. Especially for a situation as potentially complex as this, there really is no substitute for you and your husband 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.

He can apply immediately as long as he suffered substantial physical or mental abuse due to a criminal activity designated by the law. The application is submitted on Form I-918.

Generally, if otherwise eligible, someone who entered the U.S. lawfully and with inspection such as with a nonimmigrant visa in the I category - may apply to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). After one has been a Permanent Resident for five years (only three years for most people married to U.S. citizens), one may apply to become a naturalized U.S. citizen. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant details about you, will be able to advise you about eligibilities, options and strategies to achieve your immigration-related goals.