Legal Question in Immigration Law in New York

Re: immigration

Why did immigration overstay the visa?

What type of visa was it?

How long have they known each other?

Are they currently living together?

How old is her son?

Once they are married, their circumstances will be looked at by the US Army and she will then be informed by the US Army if she can move on to the Army base while her papers are being processed.

No time line can be given with regards to her getting, for example, her work permit because her individual circumstances will have to be investigated by the Immigration Services.

First and foremost they will want to know why she overstayed her original visa time.

Patricia Martin-Gibbons

Re: immigration

The answer will depend on many factors including how old her son is when they are married, the type of visa she entered with, her travel history and her criminal history. If eligible to apply, she will receive her work authorization within 90 days of applying, and depending on where her husband lives and where she lives. Additionally, if her husband is deployed, then she will have to wait until he returns to obtain her permanent residence, as they will have to attend an interview at the USCIS local office.

Your friend should speak with an immigration attorney to determine her eligibility prior to filing any application with USCIS.

Please note that the content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.