I want to get my husband residency but he overstayed his visa, will he get denied? 5 Answers as of June 16, 2011

I am a US citizen. My husband came in on a tourist/student visa. I want to file for his residency but he has overstayed his visa and worked. Will his residency get denied?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
It might, depending upon the exact circumstances of your case and your jurisdiction. USC's often are able to file for spouses who have overstayed or have no status in the US and are just fine. However to determine if this applies for your case, please see a competent immigration attorney in your area!
Answer Applies to: California
Replied: 6/16/2011
Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
You can file for him and should do so immediately. Contact an experienced immigration lawyer to guide you through the process.
Answer Applies to: Texas
Replied: 6/15/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
An individual who comes in with a visa and overstays is eligible to get permanent residence if applying as an immediate relative, such as the spouse of a U.S. citizen. Technically, the unauthorized employment could count as a negative discretionary factor but that would be incredibly unusual and unlikely.
Answer Applies to: Virginia
Replied: 6/15/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
As long has he has proof that he was admitted and inspected when he entered the U.S. (either stamp on passport or I-94 card); then his unlawful presence in the U.S. by virtue of his marriage to you his U.S. citizen spouse. If you need my office to file your petition, feel free to contact us and we will gladly assist you. Best of luck.
Answer Applies to: Florida
Replied: 6/15/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
It will not get denied because he overstayed his visa if you are a citizen. However, there are a myriad of other reasons a petition could be rejected. You should consult with an immigration attorney.
Answer Applies to: New Jersey
Replied: 6/15/2011
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