Legal Question in Immigration Law in Florida

: Person who used to live in America under an asylum visa, overstayed her visa and was denied an adjustment. Prior to leaving the US had a DUI but left to her home country before the courtdate. (Note--> at the time she left she had overstayed her visa, but there were no deportation hearings or notices). She is now living in her home country, and is engaged to an American what are her chances of getting approved for a spousal visa or a fiance visa?


Asked on 1/12/10, 1:49 pm

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

It depends on the basis of her previous adjustment application and why it was denied, her status previous to filing for adjustment and when she became an overstay, the circumstances surrounding the DUI (whether it involved felony or misdemeanor charges), when these events took place, how long she overstayed, understanding her application for asylum, how she could return to that country (if in fear) and how the government would interpret the application followed by return there. As you can see there are many questions to be answered before it can be known what her chances are.

If favorably decided, a fiancee can arrive in the U.S. in less than six months (sometimes as short as four months). It takes longer to come as the spouse of a U.S. citzien rather than as a fiance by about six months.

Feel free to follow up to gather more insight in discussion with me at 818 609 1953 or by writing me at [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 1/17/10, 2:03 pm


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