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Can my husband's status be adjusted ? I'm a USC , he overstayed his green card

Sterling, VA |

His papers expired over 5 years ago , he entered without inspection in 2001 but the judge granted him papers so he has a ASSN , had a work permit , etc . We've been together 9 years & married 5 in August & have 2 kids , is it possible to adjust his status ? Also , wondering if its possible to bring his sister & mother here from El Salvador to visit , as they haven't seen him since he left in 2001 . The kids & I traveled there to meet them last year . I'm a natural born citizen . Thanks in advance .

Attorney Answers 5


  1. It depends. Schedule a consultation with a competent immigration lawyer in your area to have your husband's past immigration history analyzed.

    It is highly doubtful whether his sister and mother will be granted visitor's visas to be allowed to visit the US. GOOGLE INA section 214 b. and read the meaning of "immigrant intent."

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. It sounds like he may already have status. Schedule a consultation with an experienced attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. I agree with my colleague. Your facts suggest TPS has has been granted, but not renewed. He must file a "late renewal."

    If USCIS approves the TPS re-registration application and an EAD is requested, a new EAD bearing a new expiration date will be issued.

    For more information on TPS eligibility requirements, what to file, do consult an experienced immigration attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info


  4. I agree with my colleagues. I am an attorney that has an office in Ashburn Virginia. you are welcome to contact my office and discuss further the issues of your husband's case.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice


  5. More details would be needed to confirm both his current status and whether he has any options for obtaining his green card through the adjustment of status process or through the immigrant visa process (possibly with an I601A waiver if one is needed).

    I have an office in Reston at the Reston Town Center if you would like to discuss your situation in more detail with an immigration lawyer.

    (703) 424-2979. Virginia Immigration Lawyer - Helping Future Americans Become Citizens

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