QUESTION

Can a person with an expired visa be forgiven and allowed to apply for a green card without being married to a US citizen?

Asked on Oct 21st, 2013 on Immigration - New Jersey
More details to this question:
Jamaican resident visiting the U.S. overstayed their visit and now holds an expired Visa. He is interested in obtaining a green card.
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4 ANSWERS

It is very likely you will have to return to Jamaica and then apply for a visa to the US again.
Answered on Oct 23rd, 2013 at 1:09 AM

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No, unfortunately, once you are out of status and unlawfully present in the US, the only way to legalize your status within the US is through a valid marriage to a US citizen.
Answered on Oct 22nd, 2013 at 2:25 PM

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What would be your basis for a green card? I think I would need a lot more information to evaluate the situation.
Answered on Oct 22nd, 2013 at 1:35 PM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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The analysis also needs to take into account the potential for 245(i) for the applicant and the possibility for him/her to obtain a U Visa.
Answered on Oct 22nd, 2013 at 9:40 AM

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