Question:

Hi I have just married someone with an H2B visa that has been expired for 5 years. I am a US citizen.?

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Is there hope for my husband to adjust his status to permanent residency? If so does anyone know what forms to fill out?

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  1. If his visa is expired, then you are not a US citizen.  Is he living in the US legally?  If not, sorry, but you have problems ahead.


  2. Yes, it's possible, since he came to the US on a visa. Check out uscis.gov for information and forms, and fees. There's no shortage of forms and fees ahead for you. Among other things, you'll need to file and I-130 immigrant visa petition, an I-485 adjustment of status request, an I-765 work authorization application and a G-325. There will be other forms as well, but you get the idea. Since he's out of status, he's subject to deportation if he's picked up for any reason, so you should move quickly with filing all the various forms required. It will take some time to get everything processed, but he will be able to live and work legally here while he's waiting for his green card.

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