Our Georgia Immigration Lawyers and Attorneys assist clients with a variety of Family Immigration Law issues.
We specialize in the New Obama Deportation Deferment and Work Permit Immigration Program, naturalization, K-1 and K-3 visas, adjustment of status where the relative is already in the U.S, and also with consular processing, where the family member will be obtaining an immigrant visa or fiancé visa at a U.S. Consulate abroad, Naturalization process etc.
During consultation with our personable and experienced attorneys, you will be able to develop strategies to fit your specific and unique needs and they will help you and be by your side throughout the immigration process.
Obama Immigration Law Changes, Deferred Deportation and Work Permits
As your immigration lawyers, we can also assist with the new immigration deportation deferment program, which President Barack Obama announced in June 2012.
Obama Immigration Deferred Deportation and Work Permit Eligibility Requirements
To be eligible for the you must be:
- an immigrant that have arrived in the U.S. before your 16th birthday;
- thirty (30) years old or younger;
- have been living in the United States at least five (5) years;
- in school or graduated or served in the military;
- also you must not have a criminal record or otherwise pose a safety threat.
They can apply to stay in the United States and be granted a work permit for two (2) years, but you will not be granted citizenship.
This is anticipated to be a lengthy process, but our immigration attorneys will be you every step of the way. Once we complete your application, it may take between two (2) and ten (10) days for the Homeland Security Department to scan and file it. It may take up to four (4) weeks longer to make an appointment for you to submit their fingerprints and take photographs. A subsequent background check could take six (6) more weeks, and then three (3) more months for the government to make its final decision before a work permit would be issued.
Naturalization is the term used for the process by which a person who was not born in the United States and did not acquire citizenship by birth neverthless becomes a United States citizen.
The decision to become a U.S. citizen through naturalization is an important one and therefore, its a decision that you should take seriously. In most cases, a person who wants to naturalize must first be a permanent resident. Becoming a U.S. Citizen will grant you with many rights which you would not have as a permanent resident.
Basic requirements for the naturalization process:
• Be age 18 or older;
• Be a permanent resident for a certain amount of time (usually 5 years but less for some individuals);
• Be a person of good moral character;
• Have a basic knowledge of U.S. history and government;
• Have a period of continuous residence and physical presence in the United States; and
• Be able to read, write, and speak English. There are exceptions to this rule for someone who:
– is 55 years old and has been a permanent resident for at least 15 years; or
– is 50 years old and has been a permanent resident for at least 20 years; or
– has a permanent physical or mental impairment that makes the individual unable to fulfill these requirements.
K1 and K2 Visas
A U.S. Citizen who wishes to marry a non U.S. Citizen or permanent resident can help their fiance obtain permanent residence in different ways.
One way is to apply for a fiance visa: If your fiance is overseas and you want to marry in the United States. This lets your fiance enter the United States for 90 days so that your marriage ceremony can take place in the United States. Once you are marry, your spouse can apply for permanent residence and you can remain in the United States while your application is processed.
When a U.S. citizen wishes to bring over a fiance, he or she will need to demonstrate that he/she has met their intended partner within the past 2 years, that both parties are free to marry, and that there are sufficient financial resources to support the future spouse.
After the I-129F is approved, the K-1 visa will be issued to the fiance and the K-2 visa can be issued to the K-1 Fiance. Then within 90 days of entering the U.S. the parties must marry and the K-1, K-2 applicants can apply for adjustment of status.
If the K-1 fiance does not marry within the 90-day period, he/she will be out of status after the 90-day period, will not be eligible to change visa status to any other designation and will be expected to leave the country.
Can my fiance work in the United States while on a fiance visa?
After admission, your fiance may immediately apply for permission to work. Any work authorization based on a non-immigrant fiance visa would be valid for only 90 days after entry. However, your fiance would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence.
What if my fiance is already in the U.S. in another status and we decide to marry now?
If your fiance is in the United States and entered using a visa other than a fiance visa, and you marry, then you may file an I-130 relative petition for him/her as your spouse. He/she may be able to file form I-485 along with your petition.
K-3 and K-4 Visas
When a U.S. citizen has already married a foreign spouse, then instead of the K-1, he/she can apply for the K3 visa to enter the U.S. In order to be eligible for the K-3 visa, the applicant must show a receipt from a previously filed I-30 petition, proof of the relationship and a copy of the marriage certificate.
After the I-129F is approved, the K-3 visa will be issued to the spouse and the K-4 visa can be issued to the child of the K-3 spouse, and then they will enter the U.S.
After entering the U.S, the K-3 spouse and K-4 child can apply for adjustment of status to lawful permanent resident.
Marriage and Adjustment of Status
When a U.S. citizen decides to marry a foreign-born person who is here in the U.S., then that person may be eligible to adjust if:
• he/she entered U.S. with inspection
• he/she has not committed a serious crime
• he/she entered without inspection but is covered by the provisions of 245(i), a special program whic expred on 04/30/2001
Assuming that the foreign spouse is eligible to adjust, then a “one-step” process can be used, where the I-130 and I-485 can be filed together, and sent to the CIS National Benefits Center. At the time of filing, work and travel documents can also be applied for, assuming the applicant is eligible. The applicant will eventually receive a notice for fingerprinting (biometric appointment) and then later an interview notice. A personal interview, with both spouses, will be conducted at the local USCIS office. Assuming that all necessary documents have been presented, the application will be approved, and the status of conditional resident (CR) will be granted.
When the parties have been married for less than two years, the green card is approved for only a conditional, two-year period. Three months before the end of this period of time, the CIR should file form I-751 to remove conditions, and then a permanent (valid for 10 years) card will be issued.
The period of time spent in both CR and LPR status does count towards the requirements for naturalization.
Georgia Areas We Serve
Our Georgia lawyers and attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.
Our Georgia lawyers and attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Sports and Entertainment Law, Immigration and Business Law. We have offices conveniently located at:
North Point Park
5755 North Point Parkway
Alpharetta, GA 30022
Phone: 770-408-0477 | Map
|Dunwoody / Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Road, Bldg 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map
|Johns Creek / Duluth Georgia
11555 Medlock Bridge Road
Johns Creek, GA 30097
Phone: 770-609-1247 | Map
125 TownPark Drive
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
Copyright © 2016 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Danny Coleman on Google+!