QUESTION

Can I still apply for a green card even though my visa has expired?

Asked on Nov 29th, 2012 on Immigration - California
More details to this question:
I entered legally on my student visa 2010 and got a full scholarship playing soccer for my college. It has expired in June 2012. I got married to a US citizen in August 2012 two months after my visa expired. I have been together with my girl over a year. I don't have any criminal records. Am I still able to apply for a green card or I needed to go back to my country? All your answers are really appreciated.
Report Abuse

6 ANSWERS

Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
Update Your Profile
Your case poses a few factors that should be discussed in detail. Have a consultation with an experienced Immigration Attorney BEFORE you do anything that may jeopardize your case in the future.
Answered on Dec 04th, 2012 at 5:02 AM

Report Abuse
Thomas J. Rosser
Yes, your US Citizen spouse can file the required concurrent petitions on your behalf for family-based adjustment of status to lawful permanent resident even though you are currently an "Overstay" (as long as you entered legally initially and have not departed since the expiration of your student visa). Do not leave the country until you have been granted advance parole authorization as part of the green card filing processes. You should both seek professional guidance from an experienced immigration lawyer to help you with the processes involved since they can be both complicated and lengthy.
Answered on Dec 02nd, 2012 at 4:41 PM

Report Abuse
Rebecca T White
From what you have described, yes, you should be able to have your wife file an immigrant visa petition on your behalf and adjust status without leaving the US.
Answered on Dec 02nd, 2012 at 4:29 PM

Report Abuse
You can apply for a green card through your spouse despite your expired status. I recommend that you talk to an immigration attorney if you are not sure how to go about the application.
Answered on Nov 30th, 2012 at 12:27 AM

Report Abuse
Yes, you can apply for adjustment of status to permanent residence on the basis of your marriage and you can remain in the US while that is being processed. You do not need to return to your home country.
Answered on Nov 30th, 2012 at 12:26 AM

Report Abuse
Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
Update Your Profile
You can apply for your green card without having to leave the US. The process is called adjustment of status and takes approximately 3 months from start to finish.
Answered on Nov 30th, 2012 at 12:25 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters