Herndon, VA asked in Immigration Law for Virginia

Q: Can my son suffer legal consequences for living with an illegal immigrant? They’re married now, but she is out of status

She entered legally visa j1, them f1. Ended in 2012. Since then without papers. Living with my son since 2014. Married in 2018. Now, 2021 she wants to get green card

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3 Lawyer Answers

A: Your son may immediately petition. his foreign national spouse to adjust to LPR (Lawful Permanent Residency) right after they married, if he is a USC and she qualifies otherwise. There was no reason to wait three years.

A: No. He can sponsor her to get her green card.

A: No, not at all. He may have an emotional dilemma, perhaps a nervous breakdown, if he loses his wife to deportation. Therefore, he should seek counsel from a competent and experienced immigration attorney to determine what, if anything, he can do to successfully petition his wife.

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