QUESTION
What steps can I take to make my future husband legal in the United States?
Asked on May 02nd, 2013 on Immigration - California
More details to this question:
He has been here for 3 years and he came legally with a Visa. His Visa is currently expired. He recently told me he sent it back to Mexico so its like he isn't even here. Will that bring problems when I try to fix his papers?
11 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on May 07th, 2013 at 2:03 PM
Immigration Attorney serving Sacramento, CA
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Law Office of Maryam Kia
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If he came on a valid visa, and it has expired since, but he has not left the country, then you can petition for him and he can adjust status here. However, I need additional facts to make sure there are no other violations that can affect the outcome of his case.
Answered on May 07th, 2013 at 1:56 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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He needs proof of lawful entry in order to do an adjustment of status.
Answered on May 07th, 2013 at 1:46 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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He will need to prove his legal entry into the U.S. to be able to process his papers for permanent residency here. Does he also have a stamp in his passport? Can he get this visa back?
Answered on May 02nd, 2013 at 4:38 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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If he can get a copy of his passport, visa and entry stamp then he can apply for a green card in the US.
Answered on May 02nd, 2013 at 3:46 PM
Adebola O. Asekun
If your future husband came to the US with a visa, even if it has now expired. You can "fix" his papers once you get married. He will not have to go to Mexico for his green card interview. If this is done properly, he should get his green card before the end of the year 2013. Because, it does not appear that you are familiar with the process. I strongly suggest that you consult with an experienced immigration lawyer before you do anything.
Answered on May 02nd, 2013 at 3:46 PM
He has to have proof of his legal entry. Otherwise, he can submit a request with tech CBP to get it ( they keep records of all the entries from 1980-s if I not mistaken). If he can illegally, you can still help him but he will need a waiver.
Answered on May 02nd, 2013 at 3:34 PM
If he just overstayed and you are a citizen, there is a good chance he can adjust status here. Consult with an immigration attorney. He should not misrepresent the facts.
Answered on May 02nd, 2013 at 3:34 PM
Robert E. West
Yes, doing something fraudulently always is a problem.
Answered on May 02nd, 2013 at 3:33 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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If he can show legal entry, then he can file for Green Card here, even if he he has over stayed his visa.
Answered on May 02nd, 2013 at 3:33 PM
As long as he entered the US lawfully and he is married to a US citizen, you can petition for him and he can adjust status within the US as long as he can prove the lawful entry to the US even if it was years ago.
Answered on May 02nd, 2013 at 3:33 PM