It depends on how long that you have overstayed and what category of work visa that you are seeking. You may have to leave the US and apply for a waiver and a visa at the US Consulate in your country.

Yes, it could become an issue. I have represented people with similar issues. We were honest from that point forward and explained what happened. The government can be forgiving if you have a good reason, but forgiveness cannot be guaranteed.

You should write a letter telling the government what happened and that you want to withdraw the waiver application. Then you can file a second application with the correct information.

Did he leave pursuant to an order of voluntary departure or did he just leave before he was forcibly removed?

She has to have the intent to visit at the time of entry. If her intent changes later after her admission, then the USCIS will accept an application to adjust her status to Lawful Permanent Resident. She can also apply for work and travel permits while her adjustment application is pending.

I am assuming that you are a U.S. citizen. If so, then you can go ahead and file for him now. Since he entered with inspection, he can change his status to that of a lawful permanent resident while in the U.S. While the case is pending, he can get work and travel authorization.

You must have a true and valid marriage, it cannot be entered into for the sole purpose of obtaining lawful permanent residence. You also need to determine if your J-1 was subject to section 212(e), the 2-year foreign residence requirement. If so, you must first obtain a J-1 waiver. If not, then... View More

Since you entered on advance parole, you are not eligible to adjust your status to permanent resident through your U.S. citizen spouse. You will be able to apply for a new EAD through your adjustment application. The length of the process varies by your location, but on average you are looking at... View More

It would probably be better if she waits until her husband becomes a citizen. If she does this, then the overstay will be forgiven and she can adjustment her status to permanent resident while staying in the U.S.

Go ahead and file the I-485 with a copy of the I-130 receipt notice. Include a letter asking the USCIS to match it with the I-130.

The immigration process cannot begin until you are married. An adjustment of status from within the US takes about 6 to 8 months on average. Consular Processing usually takes a minimum of one year.

It sounds like you may have triggered the 10 year bar to reentry. If that is the only ground of inadmissibilty that you have, an immigrant waiver may be available if you are married to a US citizen or permanent resident. This is an extreme hardship waiver and I would encourage you to consult with... View More

He just needs a government issued ID, such as a passport to get married. If you are a US citizen and want to sponsor him for residence, he will probably need waivers and may have to Consular Process. I encourage you to schedule a consultation with a competent attorney.

Probably yes. Take a look at the Child Citizenship Act to see if he qualifies. If he does, then you will need to either apply for a US passport for him or a Certificate of Citizenship (N-600).

If you qualify as an executive or high level manager, you might be able to obtain an L-1A visa. If you have the equivalent of a US bachelor's degree, you might be able to apply for an H-1B next April.

If you have been married for less than two years at the time of approval, you will be given conditional residence for two years. How long it takes to get this depends upon the timing at your local office, but on average it takes about six to eight months. In the interim, you can apply for work... View More

You have to prove that you are in a bona fide marriage relationship, so if you are planning on divorcing it will probably not work. That is especially true if you are in the process of divorce while your adjustment of status petition is pending. If there is a chance that you can reconcile, then... View More

Canadians are visa free and are not always issued an I-94. If an I-94 is issued, then you can use that to adjust her status from visitor to lawful permanent residence. If an I-94 is not issued, then she can use an Affidavit to prove her lawful inspection and admission. You will need to file the... View More