Tift County, GA Immigration Law Firms & Lawyers

Although not clear from your question, I presume you, yourself, are a U.S. citizen. In order to determine whether you may be able to petition for your husband in a marriage-based Immediate Relative visa application, notwithstanding his unlawful entry into the U.S. 20 years ago, more information would be needed. For example, has any family member or employer ever filed any type of application for him, and if so, when? It would be wise for you and your husband to consult with an immigration lawyer who, after learning all of the relevant information, would be able to advise you about immigration-related eligibilities, options and strategies.

Generally, eligibility for a visitor's visa turns on whether an applicant can demonstrate to immigration officials that he/she can be expected to travel to the U.S. only temporarily and then depart - this is known as demonstrating nonimmigrant intent. Having a pending I-130 application can be deemed to reflect an intention to remain in the U.S. permanently - this is known as having immigrant intent. Depending upon all of the circumstances, it may be possible to demonstrate nonimmigrant intent notwithstanding a pending I-130. That may include, for example, having an I-130 in a family-based visa category for which there is a long backlog for visas; availability of evidence that the applicant will travel without his/her children or other close family members; evidence of a temporary leave of absence from work; evidence of a residential lease or home ownership abroad; evidence of banking, credit and other relationships abroad; etc. It would be wise for you 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.

Eligibility to apply to become a naturalized U.S. citizen generally requires one to be a Permanent Resident for five years; in most instances where the applicant is married to a U.S. citizen, however, the period is three years. The application actually can be filed 90 days before the end of the 5-year or 3-year period. There are additional eligibility requirements for naturalization, and it would be wise for you to work with an immigration attorney who, after learning all of the relevant information about you, could advise about naturalization eligibility and offer legal representation in the application process.