Legal Question in Immigration Law in Florida

1. My husband has been incarcerated for a DUI.

2. I originally came to the US on a work visa which expired in 2009, so you could say I am currently residing illegally.

I am doing my best to save the money for my visa which has been very difficult over the last year due to the circumstances of my husband being imprisoned. It has now become a problem because I can no longer drive as I am unable to get a state licence, so I desperately need to get my visa sorted as a priority. My concerns now are that they will not issue me my visa due to the fact that my husband is now in prison or that I have outstayed my visa. Do you know if any of these issues will cause me a problem?


Asked on 4/26/10, 2:44 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If you are in the USA out-of-status (illegally), you can't apply for a visa. Visas are travel documents for those who are outside of the USA.

You didn't explain if your husband is a USA citizen? Did he file his taxes for 2009?

If your husband is a US citizen and when he is not in prison, he can petition for you and you can concurrently apply for a green card through the process known as "adjustment of status". What are your chances of approval, what inadmissibility issues or potential problems may exist in your situation -- you need to discuss it with an immigration attorney before filing any applications with the Department of Homeland Security.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. 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. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238. Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

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. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 5/01/10, 6:38 pm


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