Cairo, GA Immigration Law Firms & Lawyers

In general, a US Citizen may help her husband apply to adjust status in the U.S. and become a Lawful Permanent Resident (get a "Green Card") if he entered the U.S. lawfully and with inspection, regardless of whether he may have overstayed his visa. If your husband entered the U.S. with a visitor's visa, and then promptly files to adjust status, there may be a presumption that he had an intention to remain permanently in the U.S. when he entered, and this could constitute visa fraud with very harsh consequences. The presumption may not apply if the adjustment of status application is filed more than 60 days after his entry, but that will not stand in the way of a USCIS adjudicating officer addressing this topic. It would be wise to engage an immigration attorney to review the specific details about your husband that will relate to a USCIS adjudicating officer's exercise of discretion on this topic. Some documentary evidence could be very important for indicating that when your husband entered the U.S. he genuinely intended to return abroad, just as he had done multiple times before, but this time after he entered the U.S. he had a change of plans.

Best wishes for your plan to become married. Although not clear from your email, I presume that you are a U.S. citizen and that your fianc? entered the U.S. lawfully and with inspection (regardless of whether he may have overstayed his initial visa). The USCIS is inconsistent in its application processing time, but for properly prepared and fully documented application packages, the USCIS's Atlanta Service Center now is adjudicating cases filed approximately eleven months ago. While that may be a reasonably good indication that a newly filed case will be adjudicated in about 11 months, the USCIS is inconsistent in processing times, with some cases concluded significantly earlier than eleven months. After filing of an application, a foreign national spouse would be lawfully present in the U.S. and in approximately 90 days could expect to receive an Employment Authorization Document (an "EAD" or "work permit") authorizing employment while waiting for the adjustment of status case to be concluded so that he will become a Permanent Resident (will get a "Green Card"). Of course, there are other details that determine eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Your question turns on many factors. If you are a US Citizen and over the age of 21, you can file a petition on his behalf. If he entered the United States lawfully, unless he entered on a specific visa such as a crew member or a J visa (in most circumstances), he will probably be able to file for an adjustment of status while in the country. I suggest you speak with an immigration attorney to discuss the specific facts of your case and to determine what your options are.