You are here:

Immigration Issues/Green Card via Spouse


We are considering filing for green card status for my husband but I have a question.  He was born in England, came over to the US legally but out stayed his expiration date.  His passport is due to expire in late 2010 but it is a damaged passport it was washed in the laundry so there is no stamp left to see.  He has been in the US so long he also can not locate his I-94.  I know he is considered unlawfully present and if he leaves he can not come back for 10 years.

I am hesitant to file because of the above I donít know how this will affect our application.  Can you give me some advise is there something I can do extra when submitting the application to fix these issues?  

Although overstaying your visa is a serious offense, it is waived in the case of marriage to a US spouse. In fact, the only effective way for him to get the visa is for you to file for him here in the US and also file an adjustment of status request. He will qualify for a temporary work visa until he gets the permanent residence visa.

As for documentation, he needs to get that sorted out with the UK consulate, but I would go ahead and file now, since there may be a lengthy waiting period, and go get his documents in order while you wait.

Good luck.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

©2017 All rights reserved.

[an error occurred while processing this directive]