QUESTION
Is there any possibility for my fiancé to become legal in this country?
Asked on Oct 17th, 2011 on Immigration - New York
More details to this question:
I would like to know if there is any possibility for my fiancé to become legal in this country. He overstayed his tourist visa 10 years ago. He is from El Salvador. His brother is becoming a US citizen in November 2011, and I was wondering if he could adjust his status without leaving the US and being band for re-entering for another 10 years. My other question is, does he qualify for TPS even though he never applied for it? Thank you for your answer!
7 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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No TPS if he did not apply before. If you are a US citizen and want to get married, he will be able to adjust status provided there is no other inadmissibility issue.
Answered on Oct 26th, 2011 at 3:29 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are a US citizen and you marry, you can file an I-130 visa petition for your husband. Whether he can apply for an immigrant visa or adjustment to lawful residency depends on his background.
Answered on Oct 25th, 2011 at 4:33 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you are a US citizen and you get married; your husband can file for his permanent residence, here in the US without leaving and triggering the 10-year bar. Under section 245(a), he would be forgiven for the long-term visa overstay and unauthorized employment. Please note, you must be a US citizen. The brother's case will not help from a practical point of view, as the priority date backlog is about 12 years and he would need to leave the US to apply for the immigrant visa and he would also need a waiver, which is unlikely to be approved.
Answered on Oct 25th, 2011 at 2:42 PM
Yes, things may happen for him since he entered with a visa. However, mistakes can be made.
Answered on Oct 25th, 2011 at 2:42 AM
Assault Attorney serving Richardson, TX
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Please contact Atty. Kate Brady at 214-630-1221 to discuss the issues. Giving answers without going over criminal background, prior applications and applications pending is not possible without a consultation.
Answered on Oct 25th, 2011 at 1:55 AM
If you are a US citizen, then he can adjust his status without leaving because he entered legally. No need to apply for TPS if you intend to get married.
Answered on Oct 25th, 2011 at 12:17 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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If you are a US citizen you can just marry him and he can get his green card through you. If not you will need to speak with an immigration attorney to see what can be done.
Answered on Oct 24th, 2011 at 11:21 PM