can my girlfriend get legal status if she overstayed her visa.
Asked on Apr 14th, 2013 on Immigration - New Jersey
More details to this question:
we have 2 kids together, one on a b1 visa and one born in the u.s. I want to marry her but im unsure as to the process and wondering if she will have to leave.
Yes, as long as she was inspected at the border when she entered (often the best proof of that is the I-94 card stapled into the passport), she can adjust her status to that of a permanent resident even if she overstayed and so long as you are a US citizen. She would not have to leave to process the paperwork for a green card under these circumstances.
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