Legal Question in Immigration Law in Illinois

I came to us on 2001 with visa R B2 and it expired 6 month later but i never want back to my country because i met this beautiful American girl and we get married and she helped me apply for a green card. the problem is she left and i never finish the paper work i have my expires work permit, ID , driver license and social security card. my question is, it is possible to apply for a green card without going thru the marriage process again ?


Asked on 8/30/14, 3:52 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Filing for U.S. legal permanent residency requires an underlying eligibility, such as marriage to a U.S. citizen. Unless you are a "battered spouse", & can prove it, among other criteria that must be met under VAWA, then you have accrued unlawful presence & may face a bar to re-entry once you depart the U.S.

Therefore, unless you are legally divorced from the previous wife, & then marry another U.S. citizen, you cannot change or adjust status due to the accrual of unlawful presence.

I would highly recommend speaking with an experienced immigration attorney before you file for any other immigration benefit, to see if you are even eligible to do so.

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Answered on 8/30/14, 7:03 pm


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