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If someone is residing here illegally from Canada... Can they still gain residency.

Westland, MI |

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

Attorney Answers 8


  1. most likely. Schedule a consultation with an experienced attorney to discuss the details

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


  2. 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.

    Michael Carlin
    Immigration Attorney

    Law Office of Michael Carlin PLLC
    3365 Washtenaw Avenue, Suite 209
    Ann Arbor, Michigan 48104
    Phone: 734.369.3131
    Fax: 734.259.4801
    Website: mcarlinlaw.com Sitio en español: mcarlinlaw.com/es/
    Email: mike@mcarlinlaw.com

    (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.


  3. The person should be eligible for a green card as long as the last entry was lawful.


  4. 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.


  5. I agree with my colleagues. It is generally not a problem if Canadian entered the country properly by going through customs.


  6. 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.


  7. 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 .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com


  8. 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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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