I am married to an immigrant with an expired visa she came in the country legal but over stayed her visit. How can this be fixed

In general, a U.S. Citizen husband can sponsor his wife to adjust status to become a Lawful Permanent Resident if she entered the U.S. lawfully and with inspection, but then overstayed her visa. The process includes filing an I-130 Petition for Relative Alien and an I-485 Application to Adjust Status. The process also includes supplying an Affidavit of support with records that show the U.S. Citizen's ability to support a wife, a medical examination, evidence of the bona fide nature of the marriage, etc. While some people navigate the process without an attorney, there are many advantages to engaging an immigration lawyer to help. Some immigration attorneys, including the four in my law firm, do not charge a fee for an initial consultation.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

If you are a U.S. citizen, you may petition for her to become a lawful permanent resident (if you are married less than 2 years at the time her status is granted, she will receive a conditional resident status). An immigration lawyer can assess her admissibility as an immigrant identify legal issues that could be obstacles when the papers are filed with the U.S. Citizenship and Immigration Services. I recommend that you consult with an experienced and reputable immigration lawyer, and decide for yourself whether the value a lawyer can provide is worth it to you. I am biased by my experience, but I do not recommend that any immigrants apply for legal status on their own without the benefit of legal advice.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950
e-mail: spollock@lawfirm1.com
internet: www.lawfirm1.com

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