Legal Question in Immigration Law in New York

Re: Interview for Alien who is in an illegal status

The fact of the mariage creates a whole set of tools to assist in his petition.

Please do not leave the country without meeting with a competant attorney. There are a number of tools to assist in this situation available; adjustment of status, status protection, and others.

Re: Interview for Alien who is in an illegal status

The length of the ban depends on the time the alien overstays his "authorized period of stay," which itself is determined by the type of visa the alien entered the U.S. with (or whether he entered without inspection).

Generally, overstaying by more than 180 days results in a 3 year ban on admission to the U.S. while exceeding one calendar year of overstay results in a 10 year ban. Under some circumstances the alien may request a waiver; however, this is a complicated matter that requires a detailed analysis of the facts of the case. There is also the procedural issue of whether it is possible to seek adjustment of status without departing from the U.S. or having to apply for a visa from a U.S. Consulate abroad. Making the wrong decision and, for example, departing the U.S. subject to a ban for which no waiver may be granted, would keep the alien away from his U.S. family without the possibility of appeal. Finally, some El Savadoreans may qualify for TPS (temporary protected status), which should be taken into account. Contact an immigration attorney to get your husband's immigration history reviewed and to recommend the appropriate course of action.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.