Is there any possibility for my fiancé to become legal in this country?
I would like to know if there is any possibility for my fiancé to become legal in this country. He overstayed his tourist visa 10 years ago. He is from El Salvador. His brother is becoming a US citizen in November 2011, and I was wondering if he could adjust his status without leaving the US and being band for re-entering for another 10 years. My other question is, does he qualify for TPS even though he never applied for it? Thank you for your answer!
Answered By: Perez Immigration Law Firm
If you and your fiance get married, you can sponsor him for a green card and he will not have to leave the U.S. since he came on a valid visa.
Answer Applies to: Tennessee
Replied: 10/27/2011
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Answer Applies to: Tennessee
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Reza Athari & Associates, PLLC
No TPS if he did not apply before. If you are a US citizen and want to get married, he will be able to adjust status provided there is no other inadmissibility issue.
Answer Applies to: Nevada
Replied: 10/26/2011
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Answer Applies to: Nevada
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Fisher
If you are a US citizen and you marry, you can file an I-130 visa petition for your husband. Whether he can apply for an immigrant visa or adjustment to lawful residency depends on his background.
Answer Applies to: Colorado
Replied: 10/25/2011
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Answer Applies to: Colorado
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Fong & Associates
If you are a US citizen and you get married; your husband can file for his permanent residence, here in the US without leaving and triggering the 10-year bar. Under section 245(a), he would be forgiven for the long-term visa overstay and unauthorized employment. Please note, you must be a US citizen. The brother's case will not help from a practical point of view, as the priority date backlog is about 12 years and he would need to leave the US to apply for the immigrant visa and he would also need a waiver, which is unlikely to be approved.
Answer Applies to: Texas
Replied: 10/25/2011
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Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Grinberg and Segal
Your fiance may be able to obtain legal status in the United States depending upon his prior immigration history and your immigration status. Assuming you are a United States citizen and your husband has never been in removal/deportation proceedings, you could petition for him to receive lawful permanent residence after you are married. He will not be able to adjust his status through is brother as there are a very limited number of sibling visas available so it will take almost 10 years for that case to process and your fiance is also out of status. A person can adjust their status after overstaying a visa, but only if they are an immediate relative, which for immigration purposes is a spouse, child, or part of a United States citizen. The ten year bar would only be an issue if he has or intends to depart the United States if he is an immediate relative. Unfortunately, the current TPS registration period has expired.
Answer Applies to: New York
Replied: 10/25/2011
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Answer Applies to: New York
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office Kevin L.Dixler
Yes, things may happen for him since he entered with a visa. However, mistakes can be made.
Answer Applies to: Illinois
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Kenneth Wincorn P.C.
Please contact Atty. Kate Brady at 214-630-1221 to discuss the issues. Giving answers without going over criminal background, prior applications and applications pending is not possible without a consultation.
Answer Applies to: Texas
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Touchstone Law Firm, LLC
If you are a citizen it would be much easier if you married him.
Answer Applies to: District of Columbia
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: District of Columbia
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Verdin Law Firm, LLC
If you are a US citizen, then he can adjust his status without leaving because he entered legally. No need to apply for TPS if you intend to get married.
Answer Applies to: Texas
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Immigration Law Offices of Misiti Global, PLLC.
If you are a US citizen you can just marry him and he can get his green card through you. If not you will need to speak with an immigration attorney to see what can be done.
Answer Applies to: New York
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Joseph Law Firm
He probably does not qualify for late initial TPS registration since he did not have an application pending during the initial registration process. If you are a U.S. citizen and you marry him he would not have to leave the country. He can process his paperwork from within the U.S. The only requirement would be for him to demonstrate that his initial entry was legal.
Answer Applies to: Colorado
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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