Legal Question in Immigration Law in New York

I am an asian woman who came to USA with a tourist visa in 2005 then stayed here after my visa expired. Recently I met a guy who is US citizen and we want to get married. I would like to know what are the laws now regarding my case, whether I should go back to my country where I must do all procedures to come back here to settle with him or I can stay here once we get married and do all the procedures here to become a legal US resident. Thank you


Asked on 2/11/11, 5:19 pm

5 Answers from Attorneys

Charles Medina Law Office of Charles Medina

You may apply for green card through your husband's petition without leaving the U.S.. We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 2/11/11, 5:29 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

All sponsorship paperwork can be filed with the USCIS and you should be able to adjust status in the U.S. since you initially entered the U.S. legally even if you remained in the U.S. beyond your authorized stay. The following page from our website is helpful: www.h1b1.com/Uscitizen.htm

You can call our law firm during business hours at 212-268-3580 or email [email protected] for guidance.

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Answered on 2/11/11, 7:00 pm
Michael Cho Law Offices of Michael Cho

If you entered with a tourist visa and merely overstayed, then you should qualify for permanent residence based on marriage to a US citizen.

Please find detailed information on the process here:

http://www.msclaw.com/Green_Card_for_Spouse.html

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Answered on 2/13/11, 12:59 pm
Nicklaus Misiti Misiti Global, PLLC.

You do not have to leave the country to adjust status. I suggest you speak with and retain an immigration attorney to help you with this matter. For a free consultation please visit my website and fill out the form or give me a call at 212 537 4407. Good luck.

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Answered on 2/13/11, 9:48 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

If you entered the United States legally with a tourist visa and overstayed, you can adjust your status (get a green card) without leaving the United States if you marry a U.S. Citizen.

Talk to an immigration lawyer who can guide you through the process and help you with the application process.

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Answered on 2/14/11, 8:04 am


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