If someone has been here longer then their passport has permitted... They are married to a US citizen and have a child on the way... Can they still gain legal immigration
We would need to learn more information to be sure, but generally, a Canadian who has overstayed in the USA, and is married to a U.S. Citizen, is likely eligible to apply for permanent residence in the United States. We would need to know about possible other overstays in the USA in the past, and/or if you have any criminal history anywhere in the world.
I suggest that you consult with an immigration attorney about the possibilities.
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The fact that the person overstayed a period of lawful admission will not be an issue if residency is being sought as an "immediate relative." The spouse of a USC is considered an "immediate relative" under the immigration laws.
Whether the person will be able to get his green card, then, will depend on other factors not discussed in the question, like criminal history, medical issues, financial issues, instances of fraud, other immigration violations, the spouse's criminal history, and the ability of the couple to establish the bona fides of their relationship.
They should be able to gain a green card. However, it is best to consult with an attorney to make sure that there are no other obstacles that may cause a problem with obtaining a green card.
This is general information and not legal advise. This communication does not create a lawyer-client relationship.
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Employment / Labor Attorney
I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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Possibly. More information is needed regarding manner of entry, date of entry, previous criminal and immigration history... Consult with an attorney.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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