Other Green Card Issue Marriage Green Card Advice

[webconsumer]

Need advice
I have a cousin that entered the US legally in '97 and has been married for 8 years. The couple is working on getting the green card paperwork completed.

I wanted to know if there are any chances of deportation in this case? (they also have 2 kids together)

And is there any legal advice to give them in this case, because they want to complete the paperwork themselves because it's less costly that way.

 

[Proserpina]

The overstay will be forgiven as long as the intending immigrant entered the country legally and have kept their nose clean for the entire duration of the overstay.

Still, because there IS a slight chance of a hiccup, I strongly recommend they speak with an immigration attorney.

An initial consultation should not be too expensive.

 

[webconsumer]

okay thank you for your response. we were going over the I-130 form and she remembers when she entered the US but doesn't have her I-94 number. Is there a way of obtaining that info?

Thank you so much

 

[army judge]

okay thank you for your response. we were going over the I-130 form and she remembers when she entered the US but doesn't have her I-94 number. Is there a way of obtaining that info?

Thank you so much

Proserpina is possibly confused about overstaying a legal visa in the USA.

Today it isn't often overlooked.

Here is what others have said about overstaying a visa.

Once you file those papers, expect a visit from some people with badges, guns, and handcuffs.

You might want to speak with a lawyer BEFORE doing anything!

http://www.visapro.com/Immigration-Articles/?a=173&z=64

http://www.expertlaw.com/forums/showthread.php?t=185

Have I Overstayed My Visa?

Upon entry to the U.S. with a temporary visa, you receive an Arrival-Departure Record Card (Form I-94), on which an immigration inspector notes the length of time you are allowed to stay. If you remain in the U.S. past that date, you have overstayed your visa.
Is Overstaying The Same As Being Out-Of-Status?

If you reside in the U.S. for longer than authorized, you are overstaying your visa and also violating your status. However, it is possible to be out-of-status without overstaying your visa. For example, if you are holding a F-1 student visa and working without authorization, you are out-of-status and no longer receive any visa benefits.
Can I Renew My Visa After Overstaying?

In some situations, it is possible to stay legally in the U.S. by acting within a given grace period. However, when overstaying occurs and status is violated, you generally face many legal obstacles.
What Are The Consequences of Overstaying?

Numerous penalties arise when you overstay your visa. Problems associated with such an abuse include:

* Your current visa stamp becomes void;
* The U.S. Department of Homeland Security may declare you unlawfully present; and
* Serious difficulties may develop if you attempt to obtain a U.S. visa in the future.

Do I Need An Immigration Lawyer?

One way to avoid problems relating to a visa overstay is to evaluate your options before the violation occurs. An immigration lawyer can discuss with you the steps required to remain in the U.S. legally, and if you have overstayed your visa, the alternatives you may consider.

Consult a Lawyer - Present Your Case Now!
Last Modified: 06-11-2010 12:10 PM PDT

http://www.legalmatch.com/law-library/article/overstaying-a-visa.html

 

[Proserpina]

I shall rephrase my response.

Assuming the intending immigrant is applying for residency based upon a bona fide marriage to a US citizen...

...my answer remains the same.

AJ, I spent more than a few years - POST 9/11 - acting as both an advocate and research assistant (based out of the Cass/Clay county areas of ND/MN) working with four nonprofit groups (one of which was a Legal Aid group) who dealt on a daily basis with this exact same situation.

The fact remains that even post 9/11 someone who has overstayed a visa will likely have that overstay forgiven based upon their bona fide marriage to a US citizen.

Seriously - go check it out, google, consult with colleagues.

It's the truth.

 

[army judge]

I shall rephrase my response.

Assuming the intending immigrant is applying for residency based upon a bona fide marriage to a US citizen...

...my answer remains the same.

AJ, I spent more than a few years - POST 9/11 - acting as both an advocate and research assistant (based out of the Cass/Clay county areas of ND/MN) working with four nonprofit groups (one of which was a Legal Aid group) who dealt on a daily basis with this exact same situation.

The fact remains that even post 9/11 someone who has overstayed a visa will likely have that overstay forgiven based upon their bona fide marriage to a US citizen.

Seriously - go check it out, google, consult with colleagues.

It's the truth.

Yes, it is possible.
I do not doubt that.
I wasn't doubting you.
I was simply stating that it isn't a slam dunk.
It takes perseverance and a great deal of luck.