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My greencard application got declines, husband is a greencard holder..CAn he aply for citizenship even if I'm here without visa?

Sarasota, FL |

Just came from my greencard interview where i got declined due to my expired visa.
The person in the office said, the only way i can get my greencard if my husband go for the citizenship. Can he get the citizenship even if I'm here without visa ?
Thank you for the info,
B.E.

my greencard application was previously pre-aproved and we only find out today at the office that it's a no due regarding to my visa situation.. On the citizenship application there is a question regarding to the spouse status and I'm afraid that my husband can get in trouble because of my expired visa.. Sorry for the typos, I'm pretty upset :) (Apply)

Attorney Answers 3

Posted

Don't worry. Yes, your husband may file for US citizenship in his own right if he is eligible for it. Consult with experienced immigration attorney to assist him with the process.

Contact immigration attorney Gintare Grigaite, Esq. at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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Asker

Posted

Thank you! So there's hope.. I appreciate all the answers!

Gintare Grigaite

Gintare Grigaite

Posted

You are very welcome! And I appreciate for selecting my response as "best answer."

Posted

Yes, he can: if your husband has been a permanent resident for five years and meets other eligibility requirements for naturalization, your status or lack thereof would have no impact on his N-400 application.

This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.

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Posted

Thank you for the fast reply. It is very stressing.. I have been in the states since 2003, we raised our child here, payed tax.. and never get in any trouble. All this just seems so unfair.. Anyways, back to my husband: He is a greencard holder since 2000 , no criminal background only 1 speeding ticket in the past 13 years. He just renew his greencard a few months ago.. Even if he get his citizenship I still have to fill out some waver or some form to be excused for my over stay..right?

Asker

Posted

Thank you again!!

Posted

Your status is not relevant to his application for citizenship.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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