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I-94 is expired for almost 15 months now can a greencard be given if married to a US citizen

Cincinnati, OH |

I am a US citizen who will be getting married to a non immigrant with a B visa but his I-94 has been expired for about 15 months now and his B visa expires in April 2013. I would like to know if he would be able to get a greencard and how long the process will take. Also can he get deported?

Attorney Answers 4

  1. Yes, he is eligible to file for adjustment. It takes 3 - 9 months. Generally filing for adjustment of sttaus alone does not get a person put in removal proceedings. If the application is denied, however, the individual is subject to removal.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  2. Yes, you can file for him. Yes they can adjust him. The overstay will be forgiven. Yes he could be removed, if the adjustment is denied and he has no other form of relief. Quick question has your fiance left the country and come back since he overstayed?

    Patrick Caston Crowley, Esq. (718-769-6352) Law Offices of Marina Shepelsky, P.C. 2306 Coney Island Avenue, 2nd Floor Brooklyn, NY 11223 The statement above is general in nature and does not constitute legal advice, 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.

  3. You should consult with an immigration lawyer about the situation. If your partner has his I-94 and his passport with visa, and if he does not have any past incidents with law enforcement or courts or immigration officials that might cause problems with his case, then he might be eligible to adjust his status to permanent resident (green card) here in the United States. If he is eligible to become a permanent resident without leaving the United States, then the entire process typically takes approximately 4 to 8 months, unless there are issues that emerge. You should consult with an immigration attorney about the case.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

  4. Yes the expiration of the non immigrant B status is a not a basis to deny permanent resident status to a spouse of a US citizen. As long as there are not other issues he should receive his resident status.

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