Is a person required to return home for green card? 1 Answers as of June 27, 2011Someone I know was considering marriage to someone who originally came to this country on a student visa, which expired 11 years ago now. If they go ahead with that marriage, in order for him to receive a green card will he need to return back to his home country to obtain that (I was told this is a new law)? If so, will he be banned re-entry for 3-10 years based on overstaying his visa? Thanks!
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If they are marrying a U.S. citizen and have proof they entered under the previous visa (does not matter if expired); then they can adjust their status in the U.S. without having to depart the U.S. and consular process.
Answer Applies to: Florida