Sterling Heights, MI Immigration Law Firms & Lawyers

You should not leave the country. You are eligible to file for adjustment of status even if you overstayed your student status. The 10 year ban only comes into the picture when you depart the US. So as long as you don't leave the country, you can apply for your green card and stay. The entire process only takes about 3 months from start to finish. And there is no penalty when you overstay your visa as long as you are married to a US citizen : ).

The fraud and federal charges are concerning. Generally, a U.S. citizen marrying non-citizen can petition whereby the non-citizen may legalize status. Your fiancée is seeking admission for which generally a person can have no more than one crime of moral turpitude which is generally a misdemeanour offense where the maximum sentence is one year but the individual is sentenced to no more than 6 months. If your fiancée is still facing criminal charges w/out final result then the U.S. immigration authorities will not process his case until after final decision on all pending criminal charges. Based on your brief information, your fiancée needs an immigration attorney and possibly a criminal defence attorney in order to prevent pleading to a serious offense under immigration laws whereby he would be absolutely barred from legalizing his status.

No one can predict the chance of success in a post-conviction relief case.  There are too many variables.  You should first find a post-conviction relief attorney in the state where your husband was convicted.  If the conviction can be removed or the sentence changed, then contact an immigration attorney to see if you can get your husband's removal case reopened.