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  1. #1
    Join Date
    Sep 2011
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    OH10
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    Default Re: Applying for Change of Status and a Work Visa After Overstaying

    Since he has clearly and willfully committed visa fraud according to your story, he needs an immigration attorney. He will likely be denied any waivers due to marriage as he has committed multiple immigration law violations and lied to the INS.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applying for Change of Status and a Work Visa After Overstaying

    Marriage to a US citizen after a legal entry generally permits a visa/stay violator to obtain a green card. I suggest you contact a social service agency in your area who assists immigrants with fees based on income(Catholic Charities and Lutheran Relief are two respected ones) if you cannot afford a private immigration law specialist.

  3. #3
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    Jan 2007
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    Default Re: Applying for Change of Status and a Work Visa After Overstaying

    Our government is very forgiving of law violations for spouses and parents of US citizens . As long as this is the case, there will be (and some immigration forums actually advocate for) marriages to US citizens in order to obtain legal residency. While this may or may not be the case for OP, it should make anyone considering marriage to someone in the US illegally extremely cautious. Since the affidavit of support commits the US citizen to supporting the immigrant for a period of 10 years or until the immigrant satisfies other conditions, all sponsors of family based immigration need to understand what is involved.

  4. #4
    Join Date
    Aug 2014
    Location
    Gibsonton, FL, USA
    Posts
    6

    Default Re: Applying for Change of Status and a Work Visa After Overstaying

    Thank you all for your advice. We talked to an attorney who is helping us through the process and he said that since he entered legally and is married to a citizen, it will be forgiven. We are now applying for his green card

  5. #5
    Join Date
    Sep 2011
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    OH10
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    Default Re: Applying for Change of Status and a Work Visa After Overstaying

    Don't count your chickens before they hatch. He has not gotten to the interview where they ask the questions about his prior record.


    Quote Quoting Lady_Zohh
    View Post
    Thank you all for your advice. We talked to an attorney who is helping us through the process and he said that since he entered legally and is married to a citizen, it will be forgiven. We are now applying for his green card

  6. #6
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applying for Change of Status and a Work Visa After Overstaying

    OP,

    Be sure to know the limitations on foreign travel until he receives his green card. Your attorney can explain them to you.

  7. #7
    Join Date
    Aug 2014
    Location
    Gibsonton, FL, USA
    Posts
    6

    Default Re: Applying for Change of Status and a Work Visa After Overstaying

    Yes dear he has explained it to me... Thank you so much. And Disagreeable dear, I am not counting my chickens before they hatch, just counting my blessings for a chance... There's nothing wrong with being hopeful, right ? But thank you for your advice dear.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    You haven't told us what type of visa he had. For example, if he entered on a J1 visa subject to the two year home residency rule, he can't adjust his status unless he gets the home residency requirement waived.
    Sorry I didn't answer your question sooner dear... He came in on a Q-1 visa

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