Will my husband have to leave the country because of an expired tourist visa? 10 Answers as of February 02, 2011

My husband has been here since 2006, we are applying for green card, is it true that after our interview he then will have to return to his country and I will have to petition for him. He has an expired tourist visa.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Assuming you are a U.S. citizen and his tourist visa is not a visa waiver, then he can process for his permanent residency here in the U.S. I-130 and I-485 can be filed jointly. He should not leave the U.S. until he receives his permanent residency card as then he will trigger a ten year penalty and will also require a waiver. If you would like assistance in the process contact me as indicated below for information on the procedure, timing, and fees and to discuss the specifics of your case.
Answer Applies to: California
Replied: 2/2/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, he may be able to adjust his status without leaving the country since he entered with a valid visa but his accumulated overstay will likely pose a problem in his getting lawful permanent residency.
Answer Applies to: Virginia
Replied: 1/26/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If you are a US citizen then no he shouldn't have to leave.
Answer Applies to: Florida
Replied: 1/26/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
If you're a US Citizen your husband will not have to return to his homeland. If fact returning to his homeland would trigger in illegal presence law that may keep him out for ten years. Please contact an attorney.
Answer Applies to: Florida
Replied: 1/26/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
No he may not have to leave. Please see an attorney. He may be able to adjust his stays in the U.S. We are able to help many clients in your situation regardless of where you live.
Answer Applies to: Texas
Replied: 1/25/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    If you are a US citizen, and he entered the US with a tourist visa, then he DOES NOT have to go back home to process the green card. You mentioned that you are applying for the green card, did you do it through USCIS or through Department of State? You must make sure that you don't designate the Embassy as the place to receive the green card, and designate a USCIS office so that he won't have to return home for the green card. If you have any further question please contact my office.
    Answer Applies to: California
    Replied: 1/25/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    No, he can adjust status here. But be prepared for close examination on your marriage relationship. If there is any indication that the marriage is entered into fraudulently, your case will be denied and your husband will be put into deportation process. Hire a lawyer to represent you!
    Answer Applies to: Florida
    Replied: 1/25/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If you husband last entered the US with a tourist visa and you are a U.S. Citizen he is eligible to file for adjustment of status (AOS) in the U.S. under Section 245(a). Therefore, he would not have to leave the U.S. to get his Green Card. You can file both the I-130 petition and the AOS application at the same time. It should take less than 6 months for him to get his Green Card.
    Answer Applies to: California
    Replied: 1/25/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    If you are a US citizen your husband can obtain his green card (through adjustment of status) based on your I-130 petition without him having to leave the US.
    Answer Applies to: Florida
    Replied: 1/25/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    If your husband came in with a tourist visa (he actually went to the US consulate to get one), it should normally be fine to simply file for an adjustment for him without him having to leave to return to his country.
    Answer Applies to: California
    Replied: 1/25/2011
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