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My son married a british citizen that came to the states on…

Hi my son married...

Hi my son married a british citizen that came to the states on a visitor visa, she wants to become a US citizen but its been to years now that shes been here and they are afraid that she will be permanently deported for her over stay, what suggestions do you have for them,

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Not at this time

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just need advice on the best course of action

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Answered in 1 minute by:
8/14/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,988
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Is there any particular reason why they did not file all the paperwork to get her U.S. Lawful Permanent Residency up until now?

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Customer reply replied 10 months ago
she has overstayed her visa and is afraid if she files now is worried she will be deported
Customer reply replied 10 months ago
just was wondering if there is a lets say loophole if she were to file now. and what filling fees

Unfortunately (but fortunately) you aren't understanding how that process works with the U.S. Citizen spouses. As soon as the proper paperwork is filed, the person that is out of status is put back into a stay authorized by the Attorney General even if they have been out of status 20+ years. So your son needs to file the following to place her back into a legal stay: I-130 (Petition for family member), I-130A, I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that they would file would be birth certificates, marriage certificate, divorce certificates if either of them have been married previously, proof of U.S. Citizenship for your son, proof of the legal entry into the U.S. of his spouse, and financial documents of son's to prove his income over the last year at least.

As soon as that is filed, she will be ok.

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 and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 10 months ago
would you be able to help file these forms and what would your fee be

Yes, I can, but that we have to discuss in private. Please accept the Premium Service Offer so that I can pass on my contact information to you. Thank you.

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Customer reply replied 10 months ago
also would you be able to give me an approximate cost on all the forms and filing fees

We can discuss that in private.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,988
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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