Legal Question in Immigration Law in North Carolina

Marrying a Mexican who has overstayed his visa

My sister wants to marry a man who entered the US

legally (so he is documented) but he has overstayed

his work Visa by 5 months. They plan on establishing

permanent residency in Mexico, however they need to

know what legal measures they should take (maybe a

greencard?) so that he will be able to come back to the

U.S. with her periodically. Also, in order for him to most

easily be able to return to the U.S. after they are

married, does it make a difference if they marry in

Mexico or in the U.S.?


Asked on 10/11/04, 4:04 pm

2 Answers from Attorneys

Myron Morales Lee Lane Smith LLP

Re: Marrying a Mexican who has overstayed his visa

Marriage to a U.S. citizen could cure the overstay and allow him to apply for his "green card." Please contact me via e-mail for more information.

[email protected]

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Answered on 10/12/04, 6:33 am
Neena Bohra Law Offices of Neena Bohra

Re: Marrying a Mexican who has overstayed his visa

Since he entered legally and overstayed and is now in the country illegally, the best option is marriage for your sister's boyfriend.

Have her email me for a consultation so I can get all the facts.

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Answered on 10/14/04, 4:24 pm


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