Overstayer

[Orlin]

Hi Eileen.

I came to United State as n Au pair 7 year ago with a J visa,in that time a met my currently husband(in that time he was a GC holder) and we fell in love, however when i conclude my 2 year in the program i came back to mexico, we spent separated  1 year and it was really hard, i had previously my my tourist visa so i was coming to visit him, but in one of the visiting i decided to stay with him and we got married. He just got his US citizen, and now we have been thinking to file the petition for me, but i overstay almost 3 years from my tourist visa. My question is what we are going o face of with the inmigration situation?, any advice?

[tupac]

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Caty,

Congratulations on the marriage.  As far as what you will face with immigration, there are certain difficulties with anyone who has overstayed their entry.  What matters is that you have made a legal entry, even though you have overstayed.  We do a lot of these cases in my office for clients throughout the nation.  We get them approved without much trouble, but you have to make sure that your immigration attorney reviews all the facts of your case, including your previous J-1 stay and all the other considerations that are necessary for a successful marriage case.  Some things include the affidavit of support, whether you have enough proof of your life together as a couple, etc.

If you have further questions, feel free to email me directly again.

Thank you,

Eileen Chun-Fruto

www.fongandchun.com

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