David Nabow Soloway's Answers

IMMIGRATION

Congratulations upon your adjustment of status. The immigration statutes and regulations focus on specific family-relationships for visa eligibilities, and as noted in a previous response there currently is no immigration visa category for siblings of U.S. Lawful Permanent Residents. Even if you already were a U.S. citizen, there is a very long backlog for visas in the family-based Fourth Preference Visa Category for siblings of U.S. Citizens -- the wait may be 15 years or longer, so this...

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IMMIGRATION

Multiple DUIs represent a very serious problem, and I hope you will get professional assistance for this, but ultimately it should not stand in the way of you re-entering the country with a valid "Green Card." Note, however that CBP may place you in "secondary inspection" at the airport and question you about the DUIs. It would be wise to have certified copies of the conviction dispositions and perhaps a memorandum from an immigration attorney citing case law to substantiate that these are...

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Does the 2 year period for a conditional GC start from the "Date of Marriage?"

The response from Attorney Grigaite is correct: if at the time of adjustment of status approval a couple has been married for two years, then the beneficiary will receive full Lawful Permanent Resident Status rather than Conditional Resident Status (sometimes called a "Two-Year Green Card"). If Conditional Resident Status is granted, then the period within which a Petition to Remove Condition must be filed is measured from the date of Conditional Resident approval rather than from the date of...

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My son loves/wants to marry his Austrailian girlfriend but worry this would complicate her gaining U.S.citizenship/college?

Assuming that your son is a U.S. citizen, several options could be considered that would facilitate his soon-to-be wife to complete her education in the U.S., become a U.S. Lawful Permanent Resident, and eventually become eligible to apply to become a naturalized U.S. citizen. Your son and his girlfriend should not get their immigration legal advice from well-meaning relatives, but instead should engage an immigration lawyer to advise about such things as: (1) applying for a fiance visa for...

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Should an illegal immigrant marry before or after rectifying immigration status?

U.S. immigration laws generally provide avenues for attaining Lawful Permanent Resident ("Green Card") status either through a family relationship or through employment. There is no visa category for mother of a minor child of a U.S. citizen father, but there is a visa category (Immediate Relative) for the spouse of a U.S. Citizen. A spouse of a U.S. Citizen may adjust status to become a Permanent Resident even though she has overstayed a previous visa (and even though she may have worked...

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Do I have to send proof of bona fide marriage evidence with my adjustment of status package?

It would be wise to assemble and evaluate the documentary evidence that is now available, and include photocopies of those documents with all the other necessary supporting documents in a marriage-based I-130/I-485 filing. The originals of those documents should be provided to the USCIS at the interview, along with additional documents that became available between the date of filing and the date of interview. In evaluating the sufficiency of the documentary evidence, the USCIS will take...

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Can my wife visit me on a tourist visa?

In addition to the information in the previous response, note that there may be steps that can be taken to increase the likelihood that your wife would be permitted to re-enter the U.S. for a brief period. Documentary evidence of the following types (if applicable) could be useful: documentation of a two-month leave of absence from her long-time place of employment; documentation of her home ownership or unexpired residential lease in Turkey; evidence that her children from a previous...

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What is involved in getting my son-in-law to live in the US legally?

A U.S. Citizen living abroad with her family may apply for her husband through "consular processing." She also may register the birth of her child with the consulate so that the child's U.S. citizenship will be easy to establish. It would be wise for your daughter and her husband to consult with an immigration attorney about details for these steps. [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this...

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Immigration

Even a conviction for a single ordinary speeding ticket should not interfere with eligibility for naturalization, and a mere arrest should be even less significant. Nonetheless, some USCIS Field Offices have taken the position that the USCIS needs to see that a person complies in all ways with court processes, because failing to do so would indicate a lack of good moral character that could stand in the way of naturalization eligibility. In my professional judgment, that is an abusive...

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Proof of Bonafide Marriage.

If you and your wife have been married a relatively brief period, and you do not have a SSN, the USCIS should understand the limitations in opening joint bank accounts, having joint credit cards, etc. Be prepared to "think outside the box" about document that may be available, such as: church/synagogue/mosque records showing you both are members; a letter from a clergyperson saying you attend events together and hold yourselves out as married; affidvits from neighbors saying you and your...

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