How best to handle removal proceedings for overstaying on a visa?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How best to handle removal proceedings for overstaying on a visa?
My friend came to US with an entertainer’s visa. He then got married to a US citizen for over 2 years. He got arrested but his case got dismissed and he was found not guilty. He was in jail for a year fighting his case and came out finding that his wife got pregnant for a different man. So he filed for divorce but his wife never filed any paperwork for him. Now he’s in immigration court for overstaying. Is there any way he could still apply for a green card seeing that his wife is not going to help file for any papers?
Asked on March 29, 2012 under Immigration Law, New York
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If he is no longer married, there is no basis for a marriage based green card and there is no other basis for him to apply for a green card, from the facts you present. It is unfortunate that he got arrested and is now in proceedings but even more unfortunate that he and his wife never started the process when they were together in a valid marriage.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.