Maryland  |  Immigration Law

Legal Question

Asked on: 5/27/11, 1:12 pm

I am a citizen and my husband is trying to get citizenship. He has been here for 10 years. Never been in trouble. He overstayed. Will he be able to or will he have to return to his country of origin?

1 Answer


Answered on: 5/27/11, 1:28 pm by Thomas Brown

Before talking about your husband's citizenship, it sounds like what he's looking for is permanent resident status (aka a green card). If he overstayed a non-immigrant visa (as opposed to illegally entering the country) he should be able to get a green card by virtue of his marriage to you, a US citizen. He should not have to leave the country -- he can remain here and file for "Adjustment of Status". There are quite a few USCIS forms to fill out (I-130, I-485, I-765, G-325A, I-864) but if all goes smoothly he should have a green card in about 5 months.

Once he's been a permanent resident for 3 years he can file for citizenship. In that case, it does not matter how he got his green card, just that he got one. No one needs to leave the country to file for citizenship.


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