Legal Question in Immigration Law in California

My husband entered the U.S. legally on a C-1 visa (crewman working on ship), but overstayed his visit that was valid for 29 days. He married a U.S. Citizen and we need legal advice on adjusting his status. Would you suggest going back to his native country or applying from here based on your legal research on this particular visa?Any insight on this esp if any have dealt with this situation, would be greatly appreciated


Asked on 12/14/09, 5:24 pm

2 Answers from Attorneys

There is not enough detailed information provided in your question to give legal advice. However, in general, without knowing further information about your husband's particular situation, C-1 Crewmen are not eligible to adjust status in the U.S. The C-1 crewmen granted not more than 29 days of stay in the U.S. For further discussion about the facts of your particular situation, you may phone 415-387-1364.

Please note that any information provided is not to be construed as legal advice, nor has an attorney-client relationship been formed.

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Answered on 12/19/09, 6:15 pm
Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

Crewmen are ineligible to adjust status in the US, unless they qualify under Section 245(i), for which they would have to have been the beneficiary of a visa petition or labor certification application filed by April 30, 2001 at the latest. If your husband decides to seek an immigrant visa outside the US, he will be inadmissible to the US if he has been unlawfully present for more than 180 days prior to departure. There is a waiver available to that ground of inadmissibility, which is somewhat complicated and difficult to obtain.

I recommend that you visit www.hanlonlawgroup.com or call 626-585-8005 if you would like to schedule a confidnetial consultation to discuss this matter further.

Regards,

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Answered on 12/21/09, 9:32 am


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