Legal Question in Immigration Law in California

Green Card holder Fiancee

Hello,

What would happen if a green card holder who is already in the U.S applies for adjustment of status for his/her fiancee who is also in the U.S but out of status for more than 180 days. Does the latter person have to leave the country to get an immigrant visa or can this be done in the U.S since the person is already in the U.S. If one has to go back to his/her own country to adjust his/her status...how long do you think it can take upto or will they ever give him/her an immigrant visa after overstaying his/her visa here.

thanks.


Asked on 3/02/03, 10:27 pm

2 Answers from Attorneys

Myron Morales Lee Lane Smith LLP

Re: Green Card holder Fiancee

If they leave the country, they will be subject to a three to ten year bar on reentry. It would be best to try to do what you can from the U.S.

Myron R. Morales

Law Offices of Myron R. Morales

743 E. Broadway #425

Louisville, Kentucky 40202-1711

(502) 468-6404

[email protected]

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Answered on 3/03/03, 9:28 am
Gabriel Jack Muston & Jack P.C.

Re: Green Card holder Fiancee

to the best of my knowledge, finace visas are only available to the Fiance's of U.S. Citizens.

[email protected]

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Answered on 3/02/03, 10:44 pm


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