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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4753
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am a foreign born US Citzen that went through the legal

Customer Question

I am a foreign born US
Citzen that went through the legal process of naturalization. My fiancee has a previous overstay violation and has again entered the US illegal. If we were to get married, how difficult will be for him to get a green card, or would it even be possible given his current illegal status and previous overstay violation?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

If you were to get married, you could petition him with the I-130 (first part of green card) and get the process started but once that is approved, he will need to get an I-601 waiver and depart the US temporarily to get the actual green card. He could only get it if the waiver is approved. There is no guarantee that the waiver would be approved or that he would be allowed back in the US. It would be a risk to take so he would have to decide if it is worth the risk. But yes, there is a chance he can get his green card in short.

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 1 year ago.

Hello again..

I am just checking in with you. I see that you were able to read my answer to you and I am wondering if you had any follow up questions I can help with. Hopefully I have earned your positive rating and you can come back to the website to issue the rating. We only receive credit when you issue a positive rating. Thanks for your consideration of our work.