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Ep. 21 Overstayed visa and now married to an American Citizen. Can She Still Get Green Card?

  • Overstayed visa and now married to a US citizen. Can she still get a green card?
  • Despite overstaying visa, someone who is married to a US citizen may be able to legalize his/her status.
  • The key is the proper inspection at the port of entry
  • Any criminal offense or fraud may subject to bars

Raw Tramscript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody to another episode of Ask An Immigration Lawyer.

I’m excited because we’re getting a lot of questions on Facebook and in Twitter. This question today is very, very common one. The question is I’m married to a US citizen but I came to United States more than 10 years ago and overstayed my visa. Read more

Ep. 4 Visa waiver expired and now married to a US citizen. Can I still get my green card?

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Today’s question is coming from Roberta from Kansas City. Roberta’s question is the following: I am an Italian national. I came here about two years ago in the visa waiver program. Since then my visa waiver expired and just recently I married a US citizen. Can I get my green card inside the US? Read more

Ep. 1 Unlawful Re-entry After Previous Unlawful Stay/Entry in U.S.

What you need to know about unlawful reentry after previous unlawful stay in the United States.

We answer what you need to know about deferred action and the new provisional waiver rules whether you qualify or not. It’s very important to understand that when we analyze somebody’s eligibility for a waiver or for deferred action or for any migration benefit. This is something that you need to have an attorney review and assess with you.

Show Notes:

[00:03] Ask my immigration lawyer podcast show introduction.

[00:15] Do you qualify for deferred action and do you qualify for the new provisional waiver changes that it came out this week on January 3rd? You really have to sit down with an attorney to assess whether your departure from the U.S. was reasonable or was it something that will fall within the exceptions because there are exceptional departure for deferred action.

[01:10] As far as the new provisional waiver rules, the fact that a person re-entered, even one re-entry will disqualify them for filing for this waiver. Ask that question, how many times have you tried to come to the U.S. or reenter. If it’s more than once we’re getting very concerned and most clients will not qualify from any benefits because reentry could be a bar from any benefits.

[02:18] Thank you for listening to the ask my immigration lawyer podcast.

If you have any questions, email me at jacob@h1b.biz

 

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: In this segment I would like to answer a question that came to me from Juanita. Juanita was asking: I came to the US when I was seven years old then I left again when I was 12 then I came back again when I was 15 and I never left. My question is do I qualify for the new deferred action that was announced by President Obama? And also I was wondering if I qualify for the new provisional waiver changes that came out this week, January 3rd? Read more