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Can an overstayed visa alien marry a permanent resident and apply for a green card while in US?
Wiki User
∙ 15y ago
You can get married, but from an Immigration standpoint, it will not grant you legal status. If you are overstayed, you must leave the country and return LEGALLY in order to appropriately take advantage of the US laws and constitution. You can also apply for a green card, however, it will not be granted because your are not eligible being overstayed with an expired I94. You are an ILLEGAL alien, thus you loose your privileges.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoLawful Permanent Residents who got married beforeobtaining a Green Card are not required to file an Immigrant Petition on behalf of their spouse (or any children born before becoming a Lawful Permanent Resident). A spouse and eligible children of a Lawful Permanent Resident in this category may apply for a Green Card without having an approved Immigrant Petition. This process is known as "accompanying" or "follow to join." Lawful Permanent Residents who have "adjusted" to Lawful Permanent Resident status in the U.S. must file Form I-824, Application for Action on an Approved Application or Petition in order to notify the appropriate consulate that their spouse will "accompany" or "follow to join.
Lawful Permanent Residents who got married afterobtaining a Green Card must file a Form I-130 Immigrant Petition on behalf of their spouse in order to sponsor them for Lawful Permanent Resident (Green Card) status.
A U.S. permanent resident green card holder can petition to immigrate a foreign spouse. However, there is currently a 3 year freeze place on the file before the foreigner is allowed to "apply" for a green card. The purpose of freezing the file is to prevent one foreigner who is new to the U.S. from reaching back to the home country and immigrating all the family members: spouses, parents, adult children, etc. Sometimes, it is quickest for the LPR spouse to apply for U.S. citizenship in order to avoid the 3 year delay in case processing. It helps for you to apply for U.S. citizenship at your nearest opportunity. In the meantime, it can be acceptable to start the initial petition process to immigrate the foreign spouse.
Although I (Allan) am an immigration attorney, the information above is general in nature and is not intended to be relied upon as legal advice in any particular case.
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If your fiance is a permanent resident and you're a US citizen how would the permanent resident get citizenship and how long do they have to wait to apply for citizenship?
3 years of being permenent resident then you can apply
Do refugees to Canada who have permanent resident papers need to apply for a permanent resident card?
Yes, they do. The Canadian permanent resident card is the only proof of identification that proves, both inside and outside of Canada, you are a permanent resident of Canada.
Does a legal alien become a U.S. citizen upon marrying a Us citizen?
No. He or she must still apply for permanent resident status and then citizenship as required by US immigration laws.
Does a permanent resident have to apply for a visa when traveling outside the US?
you do not need to carry a passport as a permanent resident alien when traveling in the us, IF you have a state id, or drivers license. i have done it before, and never been asked about my passport. even when i gave up my green card, i still had a valid drivers license , which i used to at the airport.
What is the difference between a citizen and permanent residence?
The difference between a citizen and permanent residence Citizen are the people that hold the NewZealand passports and they do not have to apply for a visa to Australia but for permanent residence they still have to apply for a visa to be able to travel to Australia
What is the citizenship of an alien woman married to an alien man and the later is subsequently naturalize in the Philippines?
Good question; under normal circumstances, the alien woman will retain her prior citizenship(s), although she could probably apply for a Permanent Resident Visa if the marriage is recognized under Philippine law.
Is it legal to drive in the US with another country's license?
Only if you are in the US temporarily as a visitor or as a tourist. If you are a student or a permanent-resident alien, you must apply for a US drivers license in the state of your school or residence.
Can a permanent resident apply for citizenship with two misdemeanors?
find an attorney and have the misdemeanors "expunged". to answer your question, yes you can apply.
Your husband has a right to work permit and waiting for his permanent resident alien card He is 69 years old Can he apply for medicare?
To receive Medicare, one must have 40 quarters of earnings in employment covered by Medicare.
After the 18-month temporary residence period each legalized alien has to apply for permanent residence?
After 12 months as temporary residence you do have to apply for a permanent residence to be legal. This is to apply to be legal in the US.
You are an illegal alien and you are married to a US citizen and you have a child if you apply to be a resident how long do you have to leave the country?
your a weirdo
If you marry an alien resident does she become a citizen?
Yes, regardless of the alien's status. He can adjust his status and apply for citizenship once he or she marries a U.S. citizen.
