QUESTION
Can I get a green card if I overstayed my visa but am going to marry?
Asked on May 27th, 2011 on Immigration - Texas
More details to this question:
I entered the U.S in 2009 (September) on a F-1 visa student for a 3-month program. I then met my American fiancé and decided to stay. However, afraid of overstaying my visa and thinking we would get married right after, I left the U.S to come back in February 2010 under the visa waiver program (I'm French). But my fiancé decided he wasn't ready financially for marriage then and we waited. Is it still possible for me to get a green card if we marry soon??
4 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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It sounds from the facts presented that you can apply for a green card in the US as long as you made that decision after your last entry. However you really need to make a full consult appointment with a competent immigration attorney to analyze all facts of your case.
Answered on Jun 02nd, 2011 at 9:52 AM
Yes, you can still file for your green card after you get married.
Answered on Jun 02nd, 2011 at 9:30 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Assuming you are in the US and entered legally, you should be fine. Speak with and retain an immigration attorney to be sure. For a free consultation you may contact my office.
Answered on Jun 01st, 2011 at 11:21 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, if you marry, you can still get your permanent residence here in the US without needing to apply at your home consulate. There is a section of the Immigration Act that allows for a forgiveness of the immigration violations of visa overstay and unauthorized employment. There is no monetary penalty either. You are close to one year of unlawful presence, which will result in a 10-year bar from entry to the US, so you need to deal with this problem now. Please review the attached information and call me to discuss the details and a timeline to get your green card approved. Thank you.
Answered on Jun 01st, 2011 at 11:05 AM