More details to this question:
I came to the U.S legally and my sister a U.S citizen filled for my green card but the process is taking too long and now I am out of status. I was wondering if I married my girlfriend who is a green card holder would I qualify to get a green card? now that the priority dates are as current as September 2013
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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You are allowed to attempt different avenues of immigration. The difficulty may be that you will not be qualified to adjust status to permanent residence in the country since you are already out of status. While there is an exemption that allows immediate relatives of US citizens to adjust status without leaving the country if they have overstayed, that exemption does not apply to the immediate relatives of permanent residents. If you have not been out of status for more than 180 days, you may decide to leave at this point after marrying your girlfriend who would then apply for your residence status which you could ultimately obtain after interview at the American consulate or embassy in your home country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 14th, 2013 at 4:24 PM