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

Asked over 1 year ago - 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. Daniel E. Green

    Contributor Level 13

    7

    Lawyers agree

    Answered . 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;... more
  2. Irene Vaisman

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.
  3. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  4. Mark Robert Barr

    Contributor Level 16

    7

    Lawyers agree

    Answered . 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..

  5. Jeffrey Jose Estrella

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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... more
  6. Veronica Tunitsky

    Contributor Level 18

    6

    Lawyers agree

    Answered . 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... more
  7. Musa Petty Sebadduka

    Contributor Level 3

    6

    Lawyers agree

    Answered . 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.

  8. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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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