Q: Can my husbands overstay effect him getting a green card?
I am a U.S citizen and my boyfriend is from Jamaica. He entered the U.S Feb. of 2016. His visa expired May 31st of this year. We are planning to marry next month. I currently work and make enough to sponsor him alone. I've downloaded the necessary documents, but my concern is his overstay. Will his overstay effect the process of him getting a green card? Could he be deported even if we marry?
A: You may wish to consult with a competent immigration attorney who can flush out any other potential issues. Generally, however, overstay of one's status can be forgiven without the need to file a waiver (request for forgiveness) when pursuing adjustment of status in connection with a petition for relative case. You should, however, consult with a competent immigration attorney, as my preceding statement is qualified by "generally." There are certain exceptions, such as adjustment of status for those who entered on crew member visas. My recommendation is that you schedule a consultation with a reputable attorney. Some offices, like mine, offer telephonic or online (Skype) consultations for prospective clients who are unable to attend a consultation in-person.
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