Legal Question in Immigration Law in New York

Applying for green card

My husband and I just recently got married and are in the process of applying for my green card. My husband is a US citizen (born here) and I am an F1 student but am out of status since I am not in school this semester- my visa however expires in August 2006. In addition to this, my husband has a tax warrant (Feb 2005) for child support (for arrears under $4000). My husband has been paying back the child support and only recently (Oct 2005) went back to work full time after undergoing major surgery and being on a leave of absence for 6 months from the end of 2004 (during which time he continued to pay child support but not arrears); when he was able to work full time the job did not have any full time positions so he had no choice but to work part time- he is also a full time student. My questions are, how will this affect our application? If necessary we can get someone to offer financial sponsorship along with my husband's application, is that the only issue that will arise as a result of the tax warrant? Any other suggestions, insight, or anything will be greatly appreciated. Thank you


Asked on 3/19/06, 1:39 am

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Applying for green card

Your USC spouse's history is only relevant to the extent of his financial ability to support you. If he does not satisfy the legal requirements for sponsorship himself, you will need a co-sponsor who does. Your history, character and compliance with U.S. immigration law, however, will be closely scrutinized. Obviously, since I am not familiar with your case, I cannot comment, but your visa overstay is one thing to focus on. In the context of an adjustment of status based on marriage to a USC it can generally be overcome but there may be other issues to consider. Contact a qualified immigration attorney before filing anything with USCIS.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 3/19/06, 7:37 am


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