QUESTION

Can we apply for him to get a green card or will he be deported?

Asked on Mar 20th, 2011 on Immigration - California
More details to this question:
My husband came from Africa on a work visa, it expired over a year ago, we just got married. Can we apply for him to get a green card or will he be deported? I'm a citizen and make good money to show i can support him being here.
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2 ANSWERS
Answered on Mar 22nd, 2011 at 10:27 AM
Since your husband legally entered the U.S. with a work visa you can petition him for a Green Card even if he is now out of status. The process is called Adjustment of Status and requires you to petition your husband and for him to file for adjust. You both will be interviewed in the U.S. since he is here. Depending on where you live the process can take less than 6 months.

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Answered on Mar 21st, 2011 at 2:58 PM
Yes, you can petition for his green card despite his overstay. If his overstay is in fact over one year, you will need to seek waivers for him to stay in the US during the application process. This involves persuading the government to make an exception to this bright-line rule. Attorneys are skilled in presenting cases to USCIS, so you should consider hiring a lawyer now rather than after your husband is issued a Notice to Appear (deportation proceeding).

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