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Thread: My husband has overstayed his visa, can you help?

  1. #1
    Hello all,

    I am sure this scenario has been discussed, but please bear with me.

    My husband overstayed his Visa. He has been in this country for four years. He has a current passport and has never been in any type of criminal trouble. We are in the process of obtaining an immigration attorney. I wanted to know what is the process for applying for legal status, SS#, GC, etc. What time frame are we looking at, and what problems if any are we facing? Thank you!

  2. #2
    Hello all,

    I am sure this scenario has been discussed, but please bear with me.

    My husband overstayed his Visa. He has been in this country for four years. He has a current passport and has never been in any type of criminal trouble. We are in the process of obtaining an immigration attorney. I wanted to know what is the process for applying for legal status, SS#, GC, etc. What time frame are we looking at, and what problems if any are we facing? Thank you!

  3. #3
    If you're a citizen of the United States, the overstay is not a bar to AOS nor a negative factor when considering adjudication.
    As soon as you file for AOS and EAD, you'll be able to apply for a SSN and obtain employment, a driver's license and other benefits.
    Take your time and document your application properly. An incomplete or undocumented application can be problematic and cause many delays.
    I'm assuming that the alien entered the U.S. with inspection and has an "admitted" stamp on his passport.
    This is not legal advice, consult with your attorney if you require legal help.

  4. #4
    Houston,

    First of all, I want to thank you because you helped me before when I was hysterical about obtaining our license.

    But to answer your question, Yes, my husband did enter the country legally, and has an admitted stamp.

    We are planning on consulting an immigration attorney because the process just seems so overwhelming. Can a lay person really do this alone without representation?

    Thanks again!

  5. #5
    Houston, please do not refer to people as Aliens it is very degrading and rude, it is nice of you to help but please do not strip anyone of their dignity.

  6. #6
    Scared,
    IF YOU REALLY NEED IMMIGRANTION INFO/HELP AND ARE NOT SOME PHONY LYING FASCIST MEMBER PRETENDING TO BE AN IMMIGRANT RELATIVE, THEN VISIT WWW.IMMIGRATION.COM FOR GENUINE IMMIGRATION INFO AND HELP !!!

  7. #7
    Then you should carefully secure the services of a competent attorney to help you along. You should be fine.
    Enjoy your marriage and best of luck.

    The word "alien" is not a derogatory term. In fact, it's the legal term to describe a non-citizen. The Green Card is actually called "Alien Registration Card". LPR's are called "Resident Aliens". The I-130 is called "Petition for Alien Relative"... and so on and on...

  8. #8
    Houston,

    Again, I say thank you for your help. You have always supplied very knowledgeable information when I have come to this board.

    Another question: when do you think that I should change my name? should I wait until after he has received his SS and GC? Thanks

    ImmortalE: I did go to the site in question, but did not find the information that I needed. Thanks!!

  9. #9
    Doesn't really matter when you change your name with regard to SS or EAD. If your husband has filed for his AOS, its probably be better to keep the petitioner name to match those of the application. No specific underlying reason behind it other than for simplicity sake.
    OTOH, its common in the US to change the wife's last name to match the husband's name.

    Based on your location, it could take 1-2years for your husband to adjust status. Check www.uscis.gov for processing time of the nearest district office.

  10. #10
    Scared,
    the process of filing I-130 by USC for Alien-Spouse is very simple and straighforward.
    You will need to just fill out the application and include the required evidence.
    Also, if you go to WWW.IMMIGRATION.COM just click on appropriate links (there are more than a million posts and almost two hundred thousands of threads).

    Good Luck,
    IE

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