Legal Question in Immigration Law in Texas

Overstayed J - 1 Visa. Will legitimately marrying a U.S citizen will solve my current status?

I originally came from Israel on a J-1 visa that was to expire on mid 2007. I ended up overstaying my expiration date.

From what I understood if I'll leave the states at this stage for any reason, I will be barred from returning for 10 years.

I've been living together with my American girlfriend for the last year, and we were wondering if legitimate marriage will solve my current situation and will naturalize me to begin the steps towards getting a green card/becoming a citizen.

I know I should talk with a physical lawyer, but I just wanted to know what are my options at this stage...

Thank you so much for your time and effort.


Asked on 9/15/10, 7:50 am

3 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, you may be able to adjust status (become a permanent resident) based on a valid and bona fide marriage to a US citizen, provided that your J-1 visa didn't make you subject to 2-year foreign residency requirement (INA 212e) and you are otherwise admissible.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

Read more
Answered on 9/20/10, 8:06 am
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Assuming that you are not subject to the 2-year home country requirement, you can adjust status in the U.S. based on marriage to a U.S. citizen and initial legal entry to the U.S.

To determine whether you are subject to the 2-year home country requirement, look at visa page in passport or Form DS-2019 or IAP-66.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

Read more
Answered on 9/20/10, 8:24 am
Michael Cho Law Offices of Michael Cho

If you are not subject to the 2 year home residency requirement, marriage to a US citizen allows you to apply for your green card.

Please find detailed information on the process on my web site here:

http://www.msclaw.com/Green_Card_for_Spouse.html

Read more
Answered on 9/21/10, 10:19 pm


Related Questions & Answers

More Immigration Law questions and answers in Texas