Will the fact that my wife overstayed change her chances of getting a status application? 1 Answers as of April 12, 2011I am a US citizen Living in Guam. My wife of 3 years is Japanese. My wife originally entered the US Via a visa waiver program as a tourist in Guam. We have since married and had a baby born here in Guam but as a result she has overstayed in the US By three years. I am finally in a position to file for a change of status for her to get a green card, and I wish for her to stay here in Guam while her application is processing. My question is her having overstayed so long going to be a serious problem and do you recommend doing so on my own or should I hire a lawyer to assist me?
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I would definitely recommend that you hire a local, competent immigration attorney who can analyze your case for any bars and also to see how your local jurisdiction handles VWP cases. I would not recommend that you handle this yourself!
Answer Applies to: California