Legal Question in Immigration Law in Illinois

Marriage to Illegal Alien

I have a friend who married somebody here. He entered the U.S. 5 years ago on a tourist visa and has overstayed illegally. She wants to apply for him to get a green card. Does he HAVE to go back to his home country or can he remain here and be interviewed here?


Asked on 3/20/07, 6:32 pm

2 Answers from Attorneys

Amil Alkass LAVELLE LAW, LTD

Re: Marriage to Illegal Alien

This communication and response is not intended as and should not be construed or understood to be legal advice. The response stated below is intended solely as a general discussion and/or forum of legal principles. You should not rely on or take action based on this response without first presenting ALL relevant details and facts to a competent attorney in your jurisdiction and then receiving that attorney's individualized advice for you. By reading the response or reply to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. DO NOT READ ANY FURTHER IF YOU DO NOT AGREE.

The information provided is limited, however, I will attempt to answer your inquiry. What petitions, if any, have been filed? Despite being out of status, it is my understanding that your friend may still apply for a family-based petition so long as the spouse entered into the U.S. legally.

Without knowing much of the facts, I hope this helps out. Contact me directly with any further [email protected]

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Answered on 3/20/07, 7:00 pm
Baoqin Wang Law Office of Baoqin Wang

Re: Marriage to Illegal Alien

If his only violation is overstay as a tourist, and he was never caught by the immigration, then he is not required to go back to his home country to apply for the green card.

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Answered on 3/20/07, 7:16 pm


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