Bronx, NY asked in Immigration Law for New York

Q: My husband wants to file the I130 but I have over stayed my time already would that be a problem? What docs do we need?

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: If you Enter the country Legally, and your husband is a US citizen, then he can sponsor you for a green card despite the overstay. Counsel anywhere in the United States can represent you from start to finish.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL

A: Generally speaking, with some exceptions, overstaying one's status is not an impediment to seeking permanent residency from within the United States based on marriage to a U.S. Citizen. You should likely schedule a consultation with a competent and experienced immigration attorney who can evaluate whether any of the aforementioned exceptions apply to you. (For example: Did you last enter on a K-1 fiance(e) visa, but not marry the original petitioner from that case?) In the privacy of a consultation, an attorney can also ask you a series of questions to determine whether any other problems might exist (e.g., past negative immigration or criminal history). Many law firms, including mine, are offering online video and telephone consultations during the COVID-19 pandemic. Good luck to both you and your husband!

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