Legal Question in Immigration Law in New York
US citizen married to illegal alien living in US
If a US citizen marries an illegal alien who entered the US legally - with a visa which has now expired - What forms do they need to file to adjust the status of the illegal party to legal permanent resident? Do they NEED to go through a lawyer because of the illegal status or can they just file the forms themselves?
1 Answer from Attorneys
Re: US citizen married to illegal alien living in US
Dear Sir/Madam,
If an individual who has overstayed their visa can prove that they were inspected upon entry to the U.S. then he/she can legally adjust their status. The forms required are the same as any adjustment application.
It is advisable to at least consult with an attorney before filing such a petition to ensure all the necessary documentary evidence is included to avoid any delays or problems.
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