Statesville, NC asked in Immigration Law for North Carolina

Q: can a j2 visa holder here with his mom get married to a citizen?

he was arrested with minor charges a year ago but case was dismissed. he graduated high school with a 4.2 gpa. im planning on getting married next june and need to know if he will have to go back before we get married. and if he does will the record that got cleared still show up and affect his chances. his visa expires 12/30/19

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2 Lawyer Answers
Franchesco Donovan Fickey Martinez
Franchesco Donovan Fickey Martinez
Answered
  • Immigration Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Hello Sir or Ma'am,

J1 and J2 Visa Holders may have the 2 Year Home Residency Requirement, that would prevent the ability to get a Green Card, unless the requirement/restriction is waived. The Visa Restriction should be looked into first, and if it exists on the J1/J2 Visa, this usually affects "timing and plans."

Crimes may or may not affect a Green Card Filing, it depends on the specifics surrounding the crime. Regardless of the dismissal, a copy of the police, court, and prison records are 100% required to be provided to the US Government in the Immigration Filing.

Marriage is possible between a US Citizen and a Foreign National. Just comply with the state's marriage requirements.

Respectfully.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: If he is still under 18 (and it seems he graduated high school, so probably not) and your marriage takes place prior to your son’s 18th birthday, then your new husband can file a visa petition for him, too. If not, then once you no longer have J status, your son must leave the US; he status is dependent upon yours.

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