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Fiance lost visa to stay in usa but we will gett married and i am a us citizen.

Covina, CA |

Hi i will be getting married with my fiance this year he entered with a legal visa as a tourist and he stayed here. He had got a ticket for driving without license that became into warrant in the state of utah he already paid this ticket. So my question is would there be any trouble for him to get his residence? Again i am a us citizen. Thanks

Attorney Answers 3


He should not have too much of a problem adjusting status (ie. getting his green card) through his marriage to you. He will have to present the criminal documents relating to his driving without a license arrest and he should not try to hide the fact that it happened. Once you are married, file the appropriate paperwork and be open and honest about his past, including any arrests and the circumstances of his entry into the United States. I recommend consulting with an attorney as the process can be confusing and there are many factors to consider, particularly if he has additional criminal arrests. The fact that he entered on a visa helps, but the process can still be confusing. Also, you should be aware that if he obtains his green card within two years of your marriage, it will be conditional (valid for only two years) and he will have to remove the conditions later. Best of luck to you both.

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I agree with Attorney Clements.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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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He should be eligible to apply for adjustment of status through his marriage to a US citizen. I strongly urge you to work with an immigration attorney who can accompany you two to the interview and address the criminal issues when the interviewing officer goes over them. The interview is what most couples find to be most stressful. Having an attorney there will help you through the process.

(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.

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