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Results 1 to 9 of 9

Thread: Please Help...Marriage and Legalization process

  1. #1
    My fiance is Mexican and has overstayed his visa by several years. What is the process after marriage to help his gain legal residency and is it true that he will have to returnt o Mexico during the process? For how long?

  2. #2
    My fiance is Mexican and has overstayed his visa by several years. What is the process after marriage to help his gain legal residency and is it true that he will have to returnt o Mexico during the process? For how long?

  3. #3
    if you are a US Citizen and his last entry was legal than he can get his status adjusted while in US otherwise he has to go back to his native and not be able to return for maximum of 10 years depending upon how long did he stay here in violation of his status.

  4. #4
    Go to USCIS webpage. They explain spousal applications.

    Overstaying on the visa is not as important as overstaying on his 1-94. But some things are forgiven and you best bet is to go to the above website.

  5. #5
    What is a Visa?



    If you're a citizen of a foreign country, in most cases you'll need a visa to enter the United States.

    A visa doesn't permit entry to the U.S., however. A visa simply indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined you're eligible to enter the country for a specific purpose. Consular affairs are the responsibility of the U.S. Department of State.

    A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.

    There are two categories of U.S. visas: immigrant and nonimmigrant.

    Immigrant visas are for people who intend to live permanently in the U.S. Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis for tourism, medical treatment, business, temporary work or study.

    Nonimmigrant Visas
    Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to go to the U.S. on a temporary basis for tourism, medical treatment, business, temporary work, or study.

    U.S. law requires that people who apply for nonimmigrant visas provide evidence that they don't intend to immigrate to the United States. It's up to consular officers at U.S. embassies and consulates to determine eligibility on an individual basis on the merits of each case.

    Providing requested documents does not guarantee that you will receive a visa. There is no entitlement to a visa.

    And, because each person's personal situation is different, people applying for the same visa may be asked different questions and be required to submit different documents. Under U.S. law, the authority to issue or refuse visas is vested solely in consular offices abroad. Consular officers have the authority to decide whether the evidence submitted in support of an application is sufficient to establish an applicant's eligibility for a visa. Consular officers may request additional information or documentation depending on their assessment of each person's situation.

    Learn more >
    U.S. Department of State
    U.S. Department of Homeland Security

  6. #6
    Why should you go back?

    The senate will soon give illegals the permission to stay here.

    Let him just wait for a few more weeks and he will know how to get a free green card!

    Being illegal is no longer a big deal!

  7. #7

  8. #8
    The senate will soon pass laws to allow all 12 million illegals to stay here unhindered, so dont worry, your fiance will also get a green card and get to live here.

    They will only pay $1,000 and get a green card in exchange.Its no longer a crime to be illegal in America, as per this law.

    Keep watching the news!

  9. #9
    Senate has no authority to pass the law in absence of agreement with House.

    House is determined not to allow any "legalization" program to pass - not at this time.
    And it will have its' say during conference talks ( IF/IN-CASE Senate passes Guest Worker program - which is a big >> ? << ).

    It is therefore HIGHLY unlikely that any "Guest Worker" program will be passed this or even next year.

    Rather, a House version - felonizing any and all illegal presence - is likely to pass (IF anything at all passes).

    House version, if enacted into law, would permanently bar the adjustment of status ( and thus any future benefit, including "Guest Worker" permit) to anyone who would become De Facto "AGGRAVATED FELON" by virtue of being present in US illegally.

    Some years later (3 to 7 or even more years from now) there could - perhaps - be an urge to either repeal the law felonizing the unauthorized presence in US or else there would be just a plain AMNESTY for all "AGGRAVATED-FELONS (related to illegal presence)" who would still be remaining in US.


    _______

    To KE06:

    If you are USC and your spouse EWI, it is in your best interest to have your spouse to travel back to Mexico BEFORE the new law felonizing illegal presence enacted.
    This way, he can apply for waiver and hope for approval.

    If he entered with valid visa and you are USC, then you should file I-130/I-485 ASAP !!!

    Good Luck,
    IE

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