Can i still apply for a green card even though i am out of status ?

Asked about 1 year ago - Brooklyn, NY

I came in Usa legaly on f1 visa, got fullscholarship playing soccer for college. My couch left, new coach came and he brought all new players, he didnt offer me a schollarship for one more year i didnt have money to pay for school so i just didnt go anymore. So my visa has expired in June 2011, but i married my girlfriend she is an american citizen in August 2012.We been together for more than a year. Can i still get a green card or i need to leave my wife and country ? All my friends told me once you are out of status you can not get green card :( all amswers will help me. Thanks

Attorney answers (4)

  1. Mary Carmen Remigio Madrid-Crost


    Contributor Level 18


    Lawyers agree


    Answered . Assuming there are no other issues and your marriage is a good faith marriage, you can obtain your green card through your US citzen wife. Please consut with a lawyer.

    Madrid Crost Law Group - (888) 466-4478; e-mail:; skype: usvisalaw 10 S. La Salle Street,... more
  2. Nicklaus James Misiti

    Contributor Level 19


    Lawyer agrees


    Answered . If you are married to a US citizen and meet all of the other requirements you should be ok. Make sure you work with an attorney, as these applications are extremely complex. My firm handles such cases in NY.
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  3. Laura Justine Jacobson

    Contributor Level 13


    Lawyers agree

    Answered . Because you entered legally, you might qualify to adjust your status here, without having to leave the country first. Like my colleague said, this is assuming there are no other issues in your case. It's important to consult with an immigration lawyer before doing anything.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney... more
  4. Kyndra L. Mulder


    Contributor Level 20


    Lawyer agrees


    Answered . Your girlfriend can sponsor you IF you get married. The overstay will be no problem when adjusting through an immediate relative - spouse.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,369 answers this week

2,725 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary