Can I adjust my status after I overstayed my visa? 4 Answers as of February 02, 2011

Can my husband petition me when he gets his green card? His visa has been approved 4 years ago. He is waiting for his visa number. He was petitioned by his mother as a married son of a US Citizen. I came in on a B4 and overstayed my visa.

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Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
Yes, you can adjust status in the U.S. even if you overstay so long as the Petitioner is a US Citizen..
Answer Applies to: Florida
Replied: 2/2/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
In order to apply through your husband he will have to be a U.s. citizen (five years after he becomes a permanent resident) or you will need to process overseas and obtain a waiver. Consult an attorney before leaving the U.S. and triggering the ten year penalty to develop a strategy.
Answer Applies to: California
Replied: 2/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, you can. Good luck!
Answer Applies to: Florida
Replied: 2/1/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You are a derivative beneficiary of the I-130 petition filed on behalf of your husband. Therefore, he does not need to separately petition you. When he is eligible to apply for his Green Card you can as well. I assume that petition was filed before April 30, 2001 and your husband is protected under 245(i). If so, you are as well.
Answer Applies to: California
Replied: 2/1/2011
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