Can I adjust my visa even though I overstayed? 3 Answers as of October 16, 2010

I overstayed my J1 visa by several years. I have since married a green card holder. After I was married my M-130 was approved. Will I be able to adjust my status whenever my visa number becomes available? Thanks for the help.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The fortunate news is that you can. Even though you are here illegally, and are out of status, which make you normally susceptible to being arrested and removed from the country, because you came in legally and overstayed, the visa application for you should be successful if you apply to adjust status. If you want to proceed and need help with that, I am available. Call or e-mail to set up a consultation with me, and I will be honored to assist you and your family.
Answer Applies to: California
Replied: 10/16/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, if you have overstayed, you will not be able to adjust as a spouse of a green card holder. However, once your spouse becomes a US citizen, if you adjust when that happens, it will be possible. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 10/13/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You can adjust status in the US if,

1. You are not subject to the 2 year residency requirement (INA 212(e)) AND

2. Your visa number becomes available.

Your overstay will be an issue. Your husband must naturalize before you can submit your green card application.
Answer Applies to: California
Replied: 10/12/2010
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