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After living almost 20 years illegally in USA could I get the green card by my citizen husband? not criminal record

Flushing, NY |

I want to apply for adjustment of status by my husband citizenship... we have a toddler son... I never have a criminal record or something that made me illegible... what can do? thanks

Attorney Answers 3


He can sponsor you for a green card. If you entered the US lawfully, you can apply to adjust your status in the US.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


I sense there is more that that innocuous tale.


Did you state in your prior posting that you used someone else's green card for entry to the U.S. 20 years ago? That completely changes the above eligibility and I urge you to seek a confidential consultation with an immigration counsel soon.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

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If you did nothing wrong except overstay a visa and nothing else, then your husband can likely file for you. If however you entered the country illegally and did nothing else wrong (like lying to come in to the country) then a provisional waiver may be available to you. Finally, if you entered illegally and perhaps committed some other illegal act then you may have to try and get a general I-601 waiver to fix it. So, as you can see, it’s worth speaking with an immigration attorney to see where you stand.


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Rodrigo Ivan Canido
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Santa Clara, CA 95054
Tel: 650-279-5933

The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.

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