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Spouse green card

Oakland, CA |

My visa ran out ten years ago but I stayed in US. Never had any problem with law or immigration.
Now I want to marry a USA national that I have been dating for last few years.
But I am worried that if we apply for my green card they deport me due to over stay.
Please advise.

Attorney Answers 5


There are many additional questions that a qualified attorney would need to ask you to determine whether you can apply for a "spouse green card" in the U.S. It may be possible, or you may need to process at an embassy abroad, Best of luck.

Former USCIS and Department of State Embassy Officer -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 Irvine, CA 92612. Email: Office: (949) 509-6515 Direct: (949) 535-6331 Fax: (949) 509-6599. Kindly note that this blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is simply an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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If you came as a visitor or on one of most of the common types of visas, you can adjust your status in the US.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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If by "USA national" you mean a US citizen, then your spouse can petition you and you can adjust status as long as you can prove that you entered the US with a valid visa.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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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Assuming that you have no other inadmissibility issues -- e.g. criminal convictions etc -- the answer is that you will probably not face deportation if you file the I-130 petition and begin the process of obtaining residency. As an overstay, however, you will have to apply for a waiver of inadmissibility (Form I-601) and show that denying your residency application based on your long-term unlawful status in the US would create unusual hardship on your US citizen spouse. The issue of whether you will be able to meet the requirements of the waiver is the key question that will have to be overcome in applying for residency since there are multi-bans from legally re-entering the country if the waiver is not granted.

If the waiver is denied, you will not be granted permanent residency status based on your unlawful period in the country. But, again if there are no other negative factors present, it is quite likely that the worst thing that would happen is that you would have to leave the country under a grant of "voluntary departure" if removal (deportation) proceedings were commenced against you. Not a great result, obviously, but a voluntary departure grant is substantially less-prejudicial in any future application to the return to the US legally than a removal (deportation) order would be

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Sounds like you are a candidate to adjust (immigrate) your status to Permanent Resident here in the US. Hire an Immigration Attorney to prepare your Petition and Adjustment packet. Depending on your wife's income situation, you might need someone to cosign (Affidavit of Support)

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

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