Legal Question in Immigration Law in New York

H1b marriage to illegal immigrant who entered legally at age of 7

An H-1B visa holder, in a relationship with an illegal immigrant. Both originally from the same country, and would like to get married.

He came to the country when he was 7 on a visitor visa with his parents and they all overstayed. He is 26 now, has never left the country.

My employer will be applying for my green card soon. Any way for him to get a green card along with me?

Any guidance is most welcome.

Many thanks


Asked on 8/13/08, 7:21 am

3 Answers from Attorneys
Soleiman Raie Joel Every & Associates

Re: H1b marriage to illegal immigrant who entered legally at age of 7

well he cant apply for anything until you get your green card. after you get that established, there are several approaches you may want to consider. Feel free to call me to discuss in more detail.

Sal Raie

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Answered on 8/14/08, 10:52 am
Soleiman Raie Joel Every & Associates

Re: H1b marriage to illegal immigrant who entered legally at age of 7

well he cant apply for anything until you get your green card. after you get that established, there are several approaches you may want to consider. Feel free to call me to discuss in more detail.

Sal Raie

Read more
Answered on 8/14/08, 10:52 am
Rachel Baskin Rachel Baskin, Attorney at Law

Re: H1b marriage to illegal immigrant who entered legally at age of 7

Your spouse may be eligible to apply for a green card with you. It depends on whether anything was ever filed with immigration or the Department of Labor in the past for him or his family members (prior to April 30, 2001). This can get very complicated. Please do not hesitate to contact my office for a consultation to determine your spouse's eligibility.

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Answered on 8/13/08, 10:05 am


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