Legal Question in Immigration Law in South Carolina

Hi. I am a green card holder and I'll be able to file my application to become a citizen, but it can be denied. I've been married for 5 years now, her J1 and tourist visas expired in 2007, she came here legally and she has no any criminal records. Her current immigration status "Out of status". I have read some articles and some say that I should be a citizen first before i can petition her, so I can get her to the higher priority, but our main concern is for her to not get deported, and to be able to go home as soon as possible. So here are my question:

What could be better if I apply for i-130 now as permanent resident and then if I become a US citizen update the ''status''? Or should we wait till I become citizen and then apply? But this is not guaranteed. I may get denied because of bad "Good Moral Character". I've been arrested in 2009 and charge with simple possession of marijuana, but all the charges were dismissed and I have no record. What should we do next?

Asked on 7/18/13, 10:28 pm

1 Answer from Attorneys

Michael Cho Law Offices of Michael Cho
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The priority date for the F2A category (spouses of LPRs) will be current as of the August Visa Bulletin. That means you may go ahead with your adjustment of status for your wife in the near future .

Additionally, for purposes of Good Moral Character, the USCIS will consider concitions. If all charges were dismissed, then this should not pose a problem unless you have other incidents in your background that could cast doubt on your good moral character.

You may find more information on the adjustment of status process here:

http://www.msclaw.com/adjustment-of-status

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Answered on 7/18/13, 11:39 pm

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