Legal Question in Immigration Law in Ohio
Including illegal alien to my Greencard Application
I am an H1B and my employer is now applying for my greencard. I am also married to my husband for 2 years now. He is currently illegal in status for overstaying in the US after his H1B visa expired 3 years ago. My question is, Is it possible for me to include him on my greencard application? Please reply. Thank you.
2 Answers from Attorneys
Re: Including illegal alien to my Greencard Application
Even if you include him on your green card application he will not be able to benefit until you have gotten your US citizenship. From the limited facts you've provided it does not appear that there is any legislation currently which would allow him to overcome his illegal presence. Sorry.
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Thank you.
Re: Including illegal alien to my Greencard Application
Changing your status and changing his status are two different processes. He may have to leave the country for a while and then return to be able to change his status. By then you may be a U.S. citizen.
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