Legal Question in Immigration Law in New York

I came to U.S on a visa waiver.

I overstayed.

I have lived in new york 8 years.

no trouble with the police, no unlawful employment.

I want to stay in new york..

IS OBAMA GOING TO CHANGE IMMIGRATION LAW ?

SHOULD I MARRY A GREEN-CARD HOLDER ?

OR CAN MY COMMON LAW HUSBAND SPONSOR ME TO TAKE CARE OF HIM, BECAUSE HE IS OLD, 67 ?

THANKYOU.

Additional information

i have a valid passport. - edit


Asked on 4/07/10, 3:15 pm

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

No one can tell you if the immigration laws will change to take care of people like you.

Marrying a permanent resident doesn't help you for several reasons. If this person could naturalize to US citizenship, that could help without wait (as a five or so year wait applies for spouses of permanent residents) however, you are still amenable to removal from the U.S. without a hearing and such applications for expired visa waiver applicants do pose risks. It may be possible to work for you though. Local policies dictate whether this is wise.

Marrying a common law husband doesn't help in all likelihood. The marriage must be valid at the place it took place at and I'm not aware that NY has such a law, though if you began a common law marriage elsewhere, then there might be a possibility that such could be acceptable in NY. Generally speaking, common law marriage though isn't the basis of immigration status and traditional marriage is recommended to avoid complications.

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Answered on 4/13/10, 11:52 am


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