Legal Question in Immigration Law in New York
overstayed q1 visa - does 2 year requirement apply?
Hi,
I am petitioning for my husband to become a permanent resident. He came here on a Q1 visa and filed an adjustment of status within 15 months of being here to a B2. He overstayed the length of his B2. It's been about 5 years since then and he has been in the US the whole time. We got married about 6 months ago. We have an interview date for next month and heard from a friend that he may have to go out of the country for 2 years or file a waiver before being able to get a green card. Is this true?
Thank you in advance for your assistance.
1 Answer from Attorneys
Re: overstayed q1 visa - does 2 year requirement apply?
Whilst awaiting your immigration status, your spouse should not leave the country until his visa is approved.
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