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FOR GUILLERMO I have a question about someone who is married…

FOR GUILLERMOHello. I have a...
FOR GUILLERMOHello. I have a question about someone who is married to a U.S. citizen and came into the U.S. a few days ago on a tourist visa. He has been married for a few years already to the U.S. citizen. He would now like to apply for a green card while remaining in the U.S. They gave him 3 months on the tourist visa when he entered but they asked him why he didn't have a return ticket at the border. But anyway, he wants to apply for a green card while remaining in the U.S. What are your thoughts on this?Thank you.
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Answered in 3 minutes by:
3/21/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,304
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

You already know what can happen even if he waits more than 90 days to file. He could get slapped with a visa fraud charge for having immigrant intent at the Port of Entry and then his spouse would have to file an I-601 waiver. If he wants to be safe, he should leave on time and have his spouse do the CR-1 or IR-1 process for him to come back. I know it is inconvenient, but it is what it is.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,304
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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