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Christina Joan Murdoch's Answers
- 175 Legal Answers
- 5 Legal Guides
4
Attorney answers:
I want to get married to my immigrant boyfriend, Can he really get a permanent residence and how long will it take? I am Us born
You need to consult with a qualified immigration lawyer. If your boyfriend entered the U.S. illegally, he's probably not going to be able to get his green card without leaving the U.S. and going back to his native country to apply for an immigrant visa. And if he leaves the U.S. at this point he will probably trigger a ten-year bar on coming back. This means he will need a waiver to get his immigrant visa, and he can only get that if he can show that you would suffer extreme hardship should...
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2
Attorney answers:
If my sister is a born us citizen can she file a green card petiton on my behalf while i have overstayed in USA?
Yes, your sister may file an I-130 immigrant visa petition for you if she is at least 21 years old. But you should know that, if you have overstayed, you will probably not be able to apply for your green card from within the United States when a visa becomes available to you. You will have to leave and go back to your native country to apply for an immigrant visa at a U.S. consulate. In addition, if you overstay by more than 180 days, you will likely face a bar on returning to the United...
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3
Attorney answers:
Is it possible to legalize emigration status with out having to leave the us?
It's difficult. An employer or a family member would had to have filed an immigrant visa petition for you by April 30, 2001. In addition, if an employer filed what is know as an application for labor certification for you before April 30, 2001, you might also be eligible to apply for lawful permanent residence without leaving the U.S. Otherwise, your illegal entry means you most likely cannot legalize your status without leaving the U.S. Instead, you would have to leave the U.S. and apply...
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3
Attorney answers:
I entered the US on a B1 visa which expires in Oct 2011. I would like to know whether it is possible for me to obtain a fiancee
You can't apply for a fiance visa in the United States. These visas are only issued by U.S. consulates abroad. You also can't really extend your B-1 status for the purpose of getting married and applying for a green card from within the United States because to extend your B-1 status, you have to show that your stay in the United States is only intended to be temporary. If you want to stay in the United States until you get your green card, then your best option is probably to just move your...
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2
Attorney answers:
My Dad file I130 maried son (f3) and currently in the US in a working visa.
Unfortunately, probably not much will happen once the petition gets approved. There is a long waiting list for visas in the F-3 category. It depends on when your father filed the I-130 petition, but even after it is approved, you will likely end up having to wait several years for a visa to become available to you as an F-3 before you will be able to apply for and receive a green card. If your current nonimmigrant visa is expiring next year, I recommend you arrange an appointment with a good...
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3
Attorney answers:
Will I be denied a green card due to my overstaying J1 visa (no 2 year residency)?
As long as you're not subject to the unlawful presence bars, overstaying does not bar you from receiving an immigrant visa. Unlike with nonimmigrant visas, like tourist visas, you do not have to show an intent to return to your native country when you apply for an immigrant visa. Therefore, your past overstay should not, in itself ,be a negative factor that would cause the consular officer to refuse you your immigrant visa. But I strongly recommend you retain a qualified immigration attorney...
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2
Attorney answers:
Do I need an immigration attorney for my specific case?
Yes, I would recommend that you have an immigration lawyer. If you are marrying this man in good faith, i.e. you are marrying him because the two of you truly want to spend your life together and not just to get your green card and you have not paid him to marry you, then you are eligible to adjust your status to a lawful permanent resident after your marriage notwithstanding the fact that you worked without authorization and failed to maintain your F-1 status. These violations are forgiven...
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2
Attorney answers:
Can we marry on an overstayed tourist visa, namely having a brazilian fiancee marry a US citizen after I-94 form expires.
Yes, you may marry your fiancee and, after the marriage, petition for his immigrant visa even though he has overstayed his B-2 visa. Overstaying does not by itself prevent the spouse of a U.S. citizen from adjusting his status. As for your lack of income, your father can be a joint sponsor on the required affidavit of support if he is a U.S. citizen or lawful permanent resident and lives in the U.S. You should know that you can also sometimes use assets to meet the affidavit of support...
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3
Attorney answers:
After receiving a fiancee visa, how long do we have before it expires?
These visas are usually valid for six months, but they are single entry visas. This means that during that six month period your fiance may only enter the U.S. once using the visa. When she arrives in the U.S., she will be admitted for 90 days. You have to marry each other within that 90 day period. After you are married, she should file her application for her green card. When the green card application is on file, she will be permitted to stay in the U.S. as an adjustment applicant until...
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2
Attorney answers:
Is it possible for my husband to get his greencard here in the states instead of going back to Mexico?
I would make an appointment with an immigration lawyer to discuss your husband's options in more detail, but unfortunately it's very difficult to apply for a green card from within the United States if you have entered illegally. In order to do so, you generally must have had an immigrant visa petition filed on your behalf at some point on or before April 30, 2001. So if at some point in his past your husband attempted to immigrate through a family member or employer then he might be able to...
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