Lawrenceville, GA asked in Immigration Law for Florida

Q: If I married someone who is a us citizen, and my visa expired and passport expired

If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi

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3 Lawyer Answers

A: If you are asking whether you can get a green card as a visa overstay based on your marriage to a U.S. Citizen, it may be possible. However, additional details are needed, including whether you have any other past negative immigration history or criminal history. What might be best for you and your spouse is to schedule a consultation with a competent and experienced immigration attorney who can evaluate all of your facts in order to advise you correctly. Many attorneys offer online video consultations.

A: A US citizen can sponsor a spouse for a green card even though the immigrant is out of status, provided that they entered the country with permission. You should engage the services of a lawyer to process the case from start to finish. You don’t need to renew your passport in order to process your case.

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Answered

A: If you are married to a U.S. citizen and your visa has expired, you may be eligible to adjust your status to become a lawful permanent resident (green card holder) through your spouse's sponsorship. The fact that your passport has also expired should not necessarily prevent you from pursuing this process. However, it is essential to address both the expired visa and passport issues promptly.

You can typically apply for adjustment of status while in the United States, even if your visa has expired, as long as you entered the country legally. The marriage to a U.S. citizen allows you to apply for a green card. You will need to gather the required documentation and submit an application to U.S. Citizenship and Immigration Services (USCIS). It's advisable to consult with an immigration attorney to ensure you meet all the eligibility criteria and to guide you through the application process, especially if you got married in Wisconsin but are now residing in Florida. Proper legal guidance will help you navigate the complexities of immigration law and the adjustment of status process.

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