Justin, TX Immigration Law Firms & Lawyers

She can file for you but the wait is extremely long. If possible you and your attorney should explore other ways of obtaining status including DACA or adjustment through marriage if you are in a committed relationship with a citizen. Call if we can help.

It depends on whether he has a criminal record or is just an overstay and what you status is (U.S. citizen, Permanent Resident, etc.) If you are a U.S. citizen you can petition him immediately after you get married. However, he will probably have to return to his home country for a period of time and go through consular processing.

Whether a previous probation will affect you in obtaining a replacement green card may depend upon the underlying offense. If such was a crime involving moral turpitude, such could impact your right to permanent residence. You may wish to speak to a lawyer versed in immigration law about your situation. I note that we have heard reports in the past that some people who filed for replacement green cards and received a request for further evidence concerning the offense successfully withdrew their applications without consequence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.