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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Marriage-Based Immigration After Overstaying a Visa

    My husband came from Dominican Republic with a visitor's visa which expired 3 years ago. I am a citizen and will begin the filling out the paperwork; however, I was confused in regards to him being eligible for the adjustment of status as it states that if his visa is expired he cannot apply for the adjustment. I was wondering if he will have any problems adjusting his status or obtaining his residency card.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,914

    Default Re: Over Stayed Visa

    Yes you are going to have problems. Fortunately overstay is less of a problem than having entered illegally to begin with. You need to file the I-130 and an I-485. You may wish to get a lawyer or at least someone well versed in the process to go over the forms before they are sumbitted. What he should not do is LEAVE the country at this point for any reason.

  3. #3
    Join Date
    Apr 2012
    Posts
    6

    Default Re: Over Stayed Visa

    Quote Quoting flyingron
    View Post
    Yes you are going to have problems. Fortunately overstay is less of a problem than having entered illegally to begin with. You need to file the I-130 and an I-485. You may wish to get a lawyer or at least someone well versed in the process to go over the forms before they are sumbitted. What he should not do is LEAVE the country at this point for any reason.
    What kind of problems? He is still eligible for adjustment of status, as long as he can prove he was admitted to the U.S. legally. Make sure you keep his passport, visa and ideally I-94 showing that. I agree do not allow him to leave the U.S. until the Green Card is approved.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,909

    Default Re: Over Stayed Visa

    I expect he means potential problems.

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