More details to this question:
I have been in the United States since 1997. I came here on a student visa which expired in 1999. I have been here ever since. I have managed to not get into any trouble, although I have worked using my SS number since 1999. I am now married and have a child. I was actually married in 2006, divorced a year later, and married the same woman again in 2011. I would like to get advice on what would be the best way in obtaining my Green Card. Should we just apply on our own? Or should we seek legal help (be honest) just because I have overstayed my visa for so long? I would really appreciate the help.
8 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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It looks like you already have an opinion. I suggest that you should be more courteous in posing your questions.
Answered on Jul 08th, 2013 at 8:14 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
In order to be eligible you must be qualified. There must be a basis of eligibility. Generally they are through an immediate relative or work. However, if you are not qualified you cannot obtain residence if out of status other than marriage to a U.S. citizen. If you were placed in removal proceedings you could ask for the removal to be cancelled based on the hardship to U.S. citizen immediate relatives. Otherwise you have to wait for a change in the law.
Answered on Oct 27th, 2011 at 1:54 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Well, I believe that you will be doing yourself a favor by retaining a lawyer to represent you, as I am pretty sure that your case will end up in an immigration court, which eventually may allow you to adjust your status in the US by cancelling deportation charges against you.
Answered on Oct 20th, 2011 at 1:22 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You should file for permanent residence. I would advise that you hire an experienced immigration attorney as you have a long-tem overstay and will be applying under section 245(a) to forgive the overstay and unauthorized employment.
Answered on Oct 19th, 2011 at 2:44 PM
Litigation Attorney serving Goose Creek, SC
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Miller | Conway
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Despite your overstay you are likely eligible to adjust status based on your marriage to a U.S. citizen. The process can be complex and lengthy so I typically advise clients to at least speak with an immigration attorney prior to proceeding without representation.
Answered on Oct 19th, 2011 at 1:24 PM
Assault Attorney serving Richardson, TX
2 Awards
It is best to get help from a lawyer. Interview him or her to see if you are satisfied that you need the help and that this is the correct attorney to do the job. Your situation requires a knowledgeable attorney who will spent the time to go to the interview with you when necessary.
Answered on Oct 19th, 2011 at 1:12 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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I assume your wife is a US citizen. If so your case is simply: just file I-130 and I-485, wait for several months and you will be interviewed. If you pass, you get your green card. No penalty as you entered the country legally and your wife is a US citizen.
Answered on Oct 19th, 2011 at 12:48 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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I would recommend filing with an attorney. There are several issues with the case. It should take about 90 days to get the green card.
Answered on Oct 19th, 2011 at 12:03 AM