Overstay, Illegal Status expired green card

[tsering1103]

What can someone do who was here on a Green Card, but was laid off from their job over a year ago. He tried to find another job, but was unable to. Is there a way for them to get married to a US citizen without running the rist of being deported?

 

[army judge]

No!

Leave, just leave, avoid problems.

If he's deported, he'll very likely never be allowed legal entry for a decade.

He should contact his embassy and ask for repatriation to his homeland, if his funds are limited.

The Red Cross might also help him. They sometimes will assist in getting him a ticket. Or, contact Traveler's Aid Society.

 

[tsering1103]

well, it's not quite that easy. He's been here for over 10 years, had a career but company tanked due to recession. He doesn't want to give up everything he has here. He knows it would be easier to just go back...but he's hoping there is some way.

 

[Proserpina]

Just to clarify.

His status has NOT expired.

Green card = permanent residency, which does not expire. The card itself expires, but that's a relatively easy fix. There are forms to renew the card on the USCIS website

Work visa = not permanent residency, and can expire.

 

[tsering1103]

i'm sorry...i just checked, and i was wrong the first time. he was here on a visa that allowed him to get his masters', and then work. as long as he was sponsored by an employer, his status was good. but once he was laid off, his status lapsed. he never got a green card. my mistake.

 

[Proserpina]

Please answer honestly.

Is he actually in a bona fide relationship with a US citizen?

 

[tsering1103]

yes. they've been together for about 2 years.

 

[Proserpina]

Okay. Your friend needs to speak with an attorney. Generally, an overstay can be forgiven upon a bona fide marriage to a US citizen. But he will NEED an attorney.

 

[tsering1103]

thanks ...it's funny, we were saying that he should have married her a while ago...lol. thanks for your advice.

 

[Proserpina]

You're welcome

But please be aware that he's not out of the woods yet. Recent changes to immigration law have made it that much harder to adjust status after an overstay. Not impossible - just nowhere near as easy as it used to be.

Hence he needs an attorney.

 

[tsering1103]

Would you happen to know an attorney in the Baltimore-DC area you could recommend?

 

[disagreeable]

Click a link on the site. We are not permitted to make recommendations.