Can I file a I-485 application with an overstayed husband? : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

I have a H-1b visa and in the process of applying for a green card. And I just married with a man who entered the U.S leagally on F-1 visa but overstayed for 1 year. If I file my I-485 with his name on it, what will happen? Can you offer any leagal assistance?

-- Yang Chen (, January 10, 2005


You need a detailed conversation with an immigration attorney. It appears your husband cannot adjust. However, if his F-1 was for duration of status, he may be able to consular process after you get your green card.

This brief reply is not a substitute for an attorney reviewing a case in detail and giving advice based on all relevant facts and circumstances. If you would like to arrange for a consultation with an attorney in our office, please call 203 239-2299. We charge $200 for a consultation, in person or by phone.

-- Michael Boyle (, January 11, 2005.

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