Warner Robins, GA Immigration Law Firms & Lawyers

If your husband falsely claimed to be a U. S. citizen on or after September 30, 1996, he is permanently barred from immigrating to the U. S. He may be eligible for a nonimmigrant visa waiver with the factors to be considered the nature and date of the offense, rehabilitation of character, and the necessity for, or the urgency of his proposed trip to the United States.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Under current immigration laws, generally a U.S. citizen may petition for his/her parents' to adjust status in the Immediate Relative visa category if the parents entered the U.S. lawfully and with inspection (such as with a valid visa). This is true regardless of whether the parents may have long overstayed their visas. There are many other details that address eligibility for immigration benefits, and it would be wise for your family to consult with an immigration lawyer.

A foreign national cannot go directly from being a nonimmigrant to a citizen, but instead first must become a Lawful Permanent Resident (get a "Green Card"). Then, after being a Permanent Resident for 5 years (3 years for most Permanent Residents married to U.S. citizens), the foreign national may apply to become a naturalized U.S. citizen. Eligibilities to become a Permanent Resident generally are divided into those involving family relationships (e.g. being the parent, child, spouse of a U.S. citizen or Permanent Resident) and those involving employment. Of course, there are many, many, other details that can determine eligibility for Permanent Resident status and, later, determine eligibility for naturalization.