What do I do if I have a student visa and overstayed? 4 Answers as of June 16, 2011

I have a student and I over stayed. I am getting married to a US citizen, what do I need to do to stay in the US?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Based on the facts you gave, you will still be able to adjust status in the US even with an overstay. To make 100% and to have all facts analyzed see a competent immigration attorney in your region before making any decisions.
Answer Applies to: California
Replied: 6/16/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Your spouse needs to file an I-130 petition on your behalf and you need to file an I-485 application for permanent residence. You can apply for work authorization at the same time and advance parole, but I do not advise people who have overstayed their visa to travel until the permanent residence is actually approved.
Answer Applies to: Virginia
Replied: 6/15/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
If you are marrying a US citizen your overstay will be forgiven. Do not travel until you obtain permission to do so. You really should consult with an immigration attorney before filing any paperwork to protect your status.
Answer Applies to: New Jersey
Replied: 6/15/2011
Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
My answer applies to all U.S. states because immigration law is federal law. You qualify to get a green card through the adjustment of status program. Feel free to call me to discuss further. The sooner you start on your case, the better.
Answer Applies to: Texas
Replied: 6/15/2011
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