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I'm here legally, but hv over stayed my time here

Brooklyn, NY |

if I gt married to an U.S citizen whom is on food stamp. Can I be accepted for an green card or citizenship?

Attorney Answers 8


  1. You can't become a US citizen until after you've had a greencard for several years.

    Yes, with a financial co-sponsor your US Citizen spouse can sponsor you.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Assuming you meet all other criteria, then yes, the fact that you have overstayed your period of authorized stay will not bar you from admission as the spouse of a U.S. citizen, nor will your spouse's acceptance of public benefits, assuming that she, or a co-sponsor, can still demonstrate sufficient means to prevent you from becoming a public charge..


  3. The green card comes first. But to answer your question, the fact that your spouse received food stumps does not disqualify you for adjustment of status. You will most likely need a financial joint sponsor. Also, be sure to work with an attorney to properly represent you and present your case in the best light to CIS

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  4. If it's a genuine marriage and you get a joint sponsor, probably so.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  5. Yes you could under current law. However there may be fraud issues depending on the chronology of your relationship and marriage to your spouse.

    Consult with a competent attorney or BIA-accredited representative.

    -Dan
    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.


  6. The fact that your spouse received food stumps does not disqualify you for adjustment of status. You are going however, to need a joint sponser as your wife will not qualify on her own. A family member who is either a US citizen or a Permanent Resident. Earning enough to meet the required amount.


  7. Yes. Hire a lawyer to help you.

    The Estrella Law Firm, P.C.
    www.estrellalawyer.com
    (347) 628-2391

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  8. Assuming you might all the other eligibility requirements for adjustment of status, you be eligible to become a lawful permanent resident. You cannot become a U.S. citizen unless you have been a lawful permanent resident for a specific period of time. The fact that your spouse-to-be has received food stamps does not automatically preclude you from adjusting your status in the United States. However, as part of the process, you need to demonstrate you will not become a public charge. Your spouse has to file an affidavit of support. If your spouse receives food stamps, he/she may not have sufficient income and/or assets to meet the support requirements. The good news is you can have a co-sponsor. I encourage you and your spouse to retain an attorney to assist you with this matter.

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