Q: is my wife eligible to be legal citizen? She came with visa but stayed longer than her visa allowed
We got married in march 2017. She came from mexico. Just wondering because she overstayed her visa. Will this affect her ability for a green card?
A: If your wife entered the US legally and has no other negative immigration history, the fact that she has overstayed her visa should not prevent her from receiving a green card based on marriage to a US citizen, assuming that all the other requirements which apply to this green card, including affidavit of support and proof of genuine marriage relationship, are complied with. It is always a good idea to file this or any other immigration case through an experienced immigration lawyer, rather than filing by one's self. This is true more than ever in the new "Era" of President You Know Who. Applicants who disregards this precaution, no matter how strong the case may seem to be, are not doing themselves or the people they are trying to benefit any service, and they may be putting them in danger of developing unnecessary immigration complications or problems.
A: Sorry for the typo in my previous answer. I meant: "Applicants who disregard..."
A: Assuming you are a USC you can sponsor her and her overstay is forgiven because she is adjusting through a USC immediate relative. If you have any status other than a USC the circumstances differ. I suggest the two of you consult with an experienced immigration attorney.
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