Anchorage, AK asked in Immigration Law for Alaska

Q: I entered the US on VWP and have been overstated for 2 years. Is it possible to apply Green Card?

Also my sponsor(husband) is in military and we have a child.

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

A: A person who enters the United States on the visa waiver program, and then gets married to a US citizen can adjust status to get a green card even though that person is an overstay. You should retain counsel to process the case from start to finish to make sure that it is done competently.

Agnes Jury agrees with this answer

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: Your husband can file the FORM I-130/I-130A ( Relative Petition) with USCIS.

If he is a U.S. citizen then you can also file for adjustment of status by submitting the FORM I-485 in that you have lawfully entered the U.S. through the ESTA program.

An experienced immigration attorney can assist you with this matter and provide you with personalized guidance.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.