How best to handle removal proceedings for overstaying on a visa?

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How best to handle removal proceedings for overstaying on a visa?

My friend came to US with an entertainer’s visa. He then got married to a US citizen for over 2 years. He got arrested but his case got dismissed and he was found not guilty. He was in jail for a year fighting his case and came out finding that his wife got pregnant for a different man. So he filed for divorce but his wife never filed any paperwork for him. Now he’s in immigration court for overstaying. Is there any way he could still apply for a green card seeing that his wife is not going to help file for any papers?

Asked on March 29, 2012 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he is no longer married, there is no basis for a marriage based green card and there is no other basis for him to apply for a green card, from the facts you present.  It is unfortunate that he got arrested and is now in proceedings but even more unfortunate that he and his wife  never started the process when they were together in a valid marriage.


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