QUESTION
I came to the U.S. on a student visa and it expired while I was engaged to a U.S. citizen. We have since gotten married. What do I have to do to
Asked on Sep 10th, 2014 on Immigration - Rhode Island
More details to this question:
I am still in the country and would like to know if its possible to receive the green card still, even though my student visa expired and I stayed here.
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Yes, you can file to obtain your green card if you stay. There is a process that accepts filing based on marriage even when you overstay. We help process these cases all the time. I would need more information about your last entry and when you stopped school. Once the Adjustment of Status is filed, you are in a period of authorized stay and the CIS cannot remove you. You can also obtain a temporary work and travel permit after 3 months. We handle these case all the time, please feel free to email me if you have any questions.
Answered on Sep 11th, 2014 at 12:56 PM