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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28204
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I overstayed my visa now I have a family emergency and I'm

Customer Question

i overstayed my visa now I have a family emergency and I'm married to US citizen have 5 children together all born here
What can we do? Is there a way that I can go and come back? I do have a family emergency, thank u.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

If you entered the US legally with a visa (and it was not a J visa) and you are married to a US citizen you can apply for adjustment of status and a document called Advance Parole. The Advance Parole document allows you to depart the US and return while the application is pending for your adjustment of status. That would solve you need to travel. However, it is not issued immediately. It takes at least 90 days from the date you file all your documents for adjustment of status for it to be processed because a background/security check has to be done on you first.

Here is what you will need: Find instructions for each here:

http://www.uscis.gov/forms

I-130 Immigrant Petition (signed by US citizen spouse)

I-485 Application for Adjustment of Status (signed by alien)

I-765 Employment Authorization Application (signed by alien)

I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)

G-325A Biographic Sheet (one for alien and one for their spouse)

G-1145

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I-864 Affidavit of Support

Two passport sized photos of spouse

Six passport size photos of alien

Copy of alien’s passport including all blank pages and I-94

Copy of US citizen birth certificate, natz cert or passport

Copy of spouse's birth certificate

Copy of any divorce decrees

Copy of marriage certificate

One check for the I-130 in the amount of $420

One check for the I-485/765/131 in the amount of $1,070

The packet get filed at the PO box on Page 6 of the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

You can read about the process at this site

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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