Camilla, GA Immigration Law Firms & Lawyers

Significantly more information is needed in order to properly analyze your potential eligibility for naturalization. Some misdemeanor offenses under state law are treated by the USCIS as disqualifying non-misdemeanors under immigration law, and some dismissals after deferred judgment and completion of probation are considered to be the equivalent of convictions under immigration law. There really is no substitute for having an immigration attorney review all of the documents relating to the arrest in order to provide appropriate analysis and advice.

A US consular officer does not have the authority to overlook grounds of inadmissibility. If your father was deported previously, one question is whether he served out the entire time of the bar before coming back to the US. When he reentered the US, did he enter legally or illegally? If he entered illegally before April 1, 1997, he would be eligible to file waiver applications after his interview with the US consulate. On the other hand, if he reentered illegally on or after that date, he would have incurred a permanent bar under which he will not be able to request permission to return to the US as an immigrant until 10 years after he left the US a couple of years ago. The granting of permission to reapply at that point would be in the discretion of the Attorney General. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.  

Generally, the USCIS will accept a marriage as valid if it was legally valid where it took place. In the application process a foreign national should be prepared to show an original or certified copy of a marriage certificate, and if that document is not in the English language, then it must be accompanied by (1) an English translation, and (2) a translation certification. Neither the translation nor the translation certification needs to be from an official translator, but instead may be from any adult who is familiar with both languages and capable of confirming the accuracy of the translation. The certification may be signed before an ordinary notary public. Note, however, that it is impermissible to enter the U.S. with a visitor's visa while intending to adjust status to become a Permanent Resident. The reason for this is that use of a visitor's visa requires "nonimmigrant intent," i.e. an intention to remain only temporarily and then depart. Misuse of a visitor's visa can have very harsh immigration-related consequences. It would be wise for you and your wife 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.