Can we apply for him to get a green card or will he be deported? 3 Answers as of March 22, 2011

My husband came from Africa on a work visa, it expired over a year ago, we just got married. Can we apply for him to get a green card or will he be deported? I'm a citizen and make good money to show i can support him being here.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Since your husband legally entered the U.S. with a work visa you can petition him for a Green Card even if he is now out of status. The process is called Adjustment of Status and requires you to petition your husband and for him to file for adjust. You both will be interviewed in the U.S. since he is here. Depending on where you live the process can take less than 6 months.
Answer Applies to: California
Replied: 3/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can apply for him. Be aware your marriage will be under strict examination. Marriage certificate is not sufficient. Good luck!
Answer Applies to: Florida
Replied: 3/22/2011
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Yes, you can petition for his green card despite his overstay. If his overstay is in fact over one year, you will need to seek waivers for him to stay in the US during the application process. This involves persuading the government to make an exception to this bright-line rule. Attorneys are skilled in presenting cases to USCIS, so you should consider hiring a lawyer now rather than after your husband is issued a Notice to Appear (deportation proceeding).
Answer Applies to: California
Replied: 3/21/2011
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