Legal Question in Immigration Law in California

Re: on B1/B2 Visa and married to a green card

1. Slim to nil; 2. It depends where you're located, generally speaking a couple of months. You could also premium process the case and get decision in 15 days; 3. No problems. Once you're denied either you depart the U.S. or apply to adjust status when your wife becomes a U.S. citizen; the L-1A requirements involve providing documentation concerning the viability of the foreign company, that you were manager/executive at least one of the past three years, and a U.S. presence before filing. I could provide further detail if you're interested in working with me.

It's good to consider the L-1A first before allowing yourself to overstay. You're vulnerable that way and if things in your marriage unexpectedly don't work out, you could be in a difficult spot.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: on B1/B2 Visa and married to a green card

You cannot stay in the USA if your wife is a LPR and not a USA citizen, because you can are not eligible to adjust status. If you overstay your I-94, you will become "out of status" or illegal.

She has to file the I-130 petition first, and you have to wait for a priority date to become current OR for your wife's naturalization, whichever is first.

As to your chances for a L-1 visa or change of status, you shall discuss this in private with a qualified immigration attorney.

Re: on B1/B2 Visa and married to a green card

Assuming your wife needs to wait 5 years to receive her citizenship, and she has 1 and a half years left of waiting, you will have to wait that long, plus the 6 months or more that it may take to process her citizenship, before she can file a petition for you that allows you to get a green card concurrently.

1) There is always a chance that a person may get caught being here illegally if they overstay, even though immigration tends to focus more on those illegals who have committed crimes or are a threat to society. If a person gets caught, they will be put in deportation proceedings, where they will be allowed to appear in court and argue whether or not they may have relief that allows them to stay here and not be deported. A petition filed by a spouse may permit a person to remain in the US to get a green card, but that is at the judge's discretion. If the processing time is long, the judge may not allow it.

2) The general requirements for an L1A are that a person is coming to the US temporarily as a manager or executive for the same company, affiliate or subsidiary company as their employer in their home country for which they have been employed for 1 out of 3 years. Evidence of the relationship between the U.S. and foreign company must be shown. The U.S. or foreign employer must file the petition. The L1A processing time is about 2-3 months, once the application has been filed. This is subject to change monthly, depending upon the number of applications being filed at that moment.

If an L1A gets denied after the expiration of a B1/B2 visa, a person will have accrued unlawful presence from the date the B1/B2 visa expired. I do not encourage overstaying because it puts one in illegal status. However, should a person overstay, an approved petition by a US Citizen spouse may allow a person to get a greencard in the U.S., assuming that person entered the U.S. legally.

To discuss your specific case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.