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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Applying for Green Card and Married to Illegal Immigrant

    Hi I wanted to get your legal opinion re my situation. I am currently applying for a green card through employment, my labor certification has been approved so far and the next steps are pending. My husband (whom I married 2 years ago) overstayed his visit 7 years ago (came in as a tourist and stayed). Is there any way of getting him legal in any way? I have heard of people paying fines for overstaying and obtaining legal status afterwards. My immigration lawyer recommends waiting almost 6 years after obtaining my green card and becoming a citizen before trying to apply for my husband. Is there any chance of doing something for him without having to wait so long?
    Also can my green card be denied based on the fact that my husband is here illegally (I have never been out of status here)?
    What could happen if he applied as a dependant on my green card application?
    any info would be helpful, thank you.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Applying for Green Card and Married to Illegal Immigrant

    You really should be posing all of your questions to your attorney, and you should pay attention to what he has to say.

    The fact that you are not yet even a Lawful Permanent Resident complicates things immensely for your husband. Were you already a citizen, it would simply be a matter of filing an I-130 and an I-485 for him, since he entered legally and merely overstayed.

    As it stands, there is nothing you can do for him until you are a citizen. If you attempt to apply for a visa for him after your green card is issued, he will be unable to adjust status because he is here illegally. Adding him as a dependent to your green card application will only draw attention to his illegal overstay - he's already subject to deportation and a ten year ban.

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