Legal Question in Immigration Law in Florida

married to an illegal immigrant

My husband overstayed his visa probably 10 years ago and we got married in 2002. We didn't file any forms because we were told there was nothing we could do since the 245I no longer existed. Is there anything we can do?


Asked on 9/08/07, 7:28 pm

1 Answer from Attorneys
Kenneth Forman Kenneth Alan Forman P.A.

Re: married to an illegal immigrant

I depends on what visa he entered with.

The general rule is that an individual entered on a valid visa and was inspected and admitted at entry he can file to adjust status to permanent residency (green card) even though he overstayed on the visa. However, there are a few visas that this general rule does not apply to. Contact my office (or contact another experienced Immigration attorney) to get a consultation regarding the visa your husband entered on and his eligibility for Permanent Residence.

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Answered on 9/09/07, 12:48 pm


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