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

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

Posted

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: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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Posted

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 relationship is created through this information. Please consult an attorney prior to making legal decisions.

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Posted

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

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Posted

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.
Regards,
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 attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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