Legal Question in Immigration Law in Illinois
Marriage to Illegal Alien
I have a friend who married somebody here. He entered the U.S. 5 years ago on a tourist visa and has overstayed illegally. She wants to apply for him to get a green card. Does he HAVE to go back to his home country or can he remain here and be interviewed here?
2 Answers from Attorneys
Re: Marriage to Illegal Alien
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The information provided is limited, however, I will attempt to answer your inquiry. What petitions, if any, have been filed? Despite being out of status, it is my understanding that your friend may still apply for a family-based petition so long as the spouse entered into the U.S. legally.
Without knowing much of the facts, I hope this helps out. Contact me directly with any further [email protected]
Re: Marriage to Illegal Alien
If his only violation is overstay as a tourist, and he was never caught by the immigration, then he is not required to go back to his home country to apply for the green card.