Legal Question in Immigration Law in California

If a US citizen is married to a non US citizen (Lady). And her visa has expired and is overstaying her visa. Is she eligible to file i485 or i130?


Asked on 1/06/15, 5:26 pm

3 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

No, unless she applies and recieves a special waiver for her violation.

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Answered on 1/07/15, 12:19 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Kind regards, RDM

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Answered on 1/07/15, 5:48 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

She does NOT need any type of waiver if she had a legal entry, overstayed her visa, remained in the U.S. & then married a U.S. citizen in the U.S. You can go ahead & file the I-130 & I-485 now.

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Answered on 1/07/15, 2:02 pm


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