QUESTION
What do we need to do now so he can stay legally and how long does the process take?
Asked on Aug 15th, 2016 on Immigration - Illinois
More details to this question:
My now husband entered the US with a work/tourist visa of 6 months from Chile. We are married. He has to leave the country because his visa is about to expire and want to know how long is the process for him to be able to return to the US.
3 ANSWERS
Significantly more information is needed in order to advise you and your husband about achieving your immigration-related goals. For example, if you, yourself, are a U.S. citizen, then you should be aware that generally someone who enters the U.S. lawfully and with inspection (such as entering with either a visitor's visa or a visa that authorizes work/employment, and who then becomes married to a U.S. citizen, may succeed with an adjustment of status application in the U.S. and without needing to leave the U.S. to apply from overseas. This is true even if the foreign national spouse may have overstayed his visa or been employed without authorization.
Answered on Sep 09th, 2016 at 11:27 AM
He may not need to return. He may be able to stay with you and apply in Illinois. I strongly recommend an appointment with a competent and experienced immigration and visa attorney before serious mistakes are made! Good luck.
Answered on Sep 09th, 2016 at 5:37 AM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
I am not sure what you mean when you say that your husband entered with a "work/tourist" visa. Hopefully, it was not a J visa requiring him to return to Chile for 2 years. If it wasn't, and if you are a citizen of the U.S., your husband does not have to return to Chile: he can receive a green card without leaving the U.S. The process takes about a year, but he should receive employment authorization in 3-4 months after you file the papers with the Immigration Service. If you are not a citizen of the U.S. and have a green card, the process will take approximately 2 years, and your husband cannot stay in the U.S. waiting for the results (he can remain in the U.S. only if he would extend his status or change it to some other visa status).
Answered on Sep 09th, 2016 at 5:37 AM