Saint Simons Island, GA Immigration Law Firms & Lawyers

You are correct in understanding that a U.S. citizen may not petition for a foreign national parent until the child reaches age 21. There is no visa category by which a U.S. citizen mother may petition for the unmarried father of her child, and that is true regardless of whether the mother, father and child have spent time together of a family. If you and the mother plan to become married, however, there are a couple of immigration-related options that should be reviewed with an immigration attorney. 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.

Generally, when a foreign national has entered the country lawfully and with inspection, and then becomes married to a U.S. citizen, the couple can succeed in an adjustment of status application process by which the foreign national will seek to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed a visa and regardless of whether the U.S. citizen spouse has convictions for the offenses you described. Until an application for adjustment of status is commenced, a foreign national who has overstayed her visa may become subject to removal/deportation proceedings if she comes to the attention of immigration authorities. Additionally, note that there are many other details that can determine immigration eligibilities and the application process can be quite complex. It would be wise for you and your fiance 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.

Significantly more information is needed in order to provide a legal analysis regarding immigration-related steps for your mother. This includes, for example, information about your own immigration status (Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); information about your age, information about your mother (How and when did she enter the U.S.? What is her current immigration status? What immigration-related applications every before have been filed by or for her?); Etc. There really is no substitute for you and your mother 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.