Legal Question in Immigration Law in New York

Married to a Visa Waiver overstay

Hello, my wife has overstayed her visa waiver for 4 years now, we have been married for 2 years and have a son together. I've been a legal resident for over 20 years. Can I help her become legal.


Asked on 5/15/07, 10:59 am

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Married to a Visa Waiver overstay

If you were a US citizen, the answer would have been an easy yes. As it is, if you do not naturalize first, your wife would face a very serious challenge in trying to become a legal permanent resident requiring one or several waivers. Contact an immigration attorney before filing anything with USCIS or travelling abroad.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 5/15/07, 10:19 pm


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