Legal Question in Immigration Law in Massachusetts
Tourist visa bout to expire, can filing I-130 help?
I am a US citizen but my husband is foreign and on a tourist visa to the US. Only has two days left on the tourist visa but will it be okay for him to stay if we send in the I-130 form? or does he have to leave the country? We cant afford him leaving the country right now really.
Any help would be appreciated thanks.
1 Answer from Attorneys
Re: Tourist visa bout to expire, can filing I-130 help?
Because your husband originally entered the USA legally, he can technically complete the process of adjustment of status to permanent residency while remaining in the USA. However, you and your husband will probably be questioned regarding the issue of intent when he came to the USA at the time of the interview. You should have an experienced immigration attorney represent you throughout this process with all the document preparation and preparation for and representation at the interview, so that everything can go smoothly and you and your husband can try to avoid the ordeal of going through deportation/removal proceedings. Feel free to contact me if you have any questions or need any assistance regarding this matter or would like to schedule an appointment to meet at my office. I am also located in MA. We offer free initial consultations to Law Guru users. Good luck!
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