Legal Question in Immigration Law in New York

Benefits of marrying a pernament resident

If i entered a county legally and overstayed my viso for over 6 months by marrying a pernament resident what would i be able to get? Green card working papers and how long does it take? or would i have to wait till he becomes a citizen to get anything?


Asked on 12/07/06, 3:36 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Benefits of marrying a pernament resident

Once your visa number becomes available, you may be able to adjust your status and become a lawful permanent resident. The wait for the visa number to become current in the Second Preference is presently about 4-5 years. Until you do adjust, you have no legal status unless you qualify for another, non-immigrant visa in the meantime. Once your spouse becomes a citizen (and files for you as a US citizen), an immigrant visa is immediately available to you and the only wait is to obtain a "green card" (about a year or two though most benefits of LPR, such as the right to work and to travel, can be obtained within a few months).

The above reply is in the nature of general information, is not legal advice and should not be relied on as such. Contact an immigration lawyer for specifics.

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Answered on 12/07/06, 4:25 pm


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