If you entered the United States “legally,” you probably came to this country with a valid nonimmigrant visa, such as a student visa, tourist visa, or temporary work visa. Some people are even allowed into the U.S. on a visa waiver or with a special pass at one of the U.S. borders. In either event, you would have been inspected by an immigration official at your point of entry and allowed into the United States. This method of entering the U.S. makes it easier for you to file for an Adjustment of Status in the U.S. Your U.S. citizen spouse can file a Petition for Alien Relative to apply for your green card.
However, did you know that even if you are now staying in the U.S. past the date of your authorized stay, , you are still eligible for a marriage based green card? A green card is still available to you even if you are “out of status” or are staying here illegally. If you have overstayed by six months or more since April 1, 1997 you may still apply but would need a waiver. It is very important to note that if you leave the country, you would be barred from returning for three or ten years, depending on the length of your unauthorized stay. Immigration law is a complicated field. Your personal immigration path may have twists and turns that you did not expect! We can help you to make your journey as smooth as possible. Contact Your Immigration Angel today for your free consultation!