Can I apply again for a visa if I am disabled and newly wed? 5 Answers as of August 01, 2011

I am married to a Turkish citizen for 6+ years and I have recently become disables. He came over on a Class C Crewman’s Visa. 6 Years ago, I was given legal advice that it was not possible when we were first married. Does the length of the marriage and my new disabled status allow for us to apply? His visa is expired and he entered the country legally.

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If he came on a crewman visa, does not matter how long ago,he may not adjust status. He will need to go back to his home country and apply for a waiver. Obviously, your health condition will be an important factor in deciding the waiver.
Answer Applies to: Nevada
Replied: 8/1/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
Because he was a crewman he will not be able to adjust, but there may be a way to obtain humanitarian parole based on your disability. If that is granted he would then be able to adjust.
Answer Applies to: New Jersey
Replied: 7/28/2011
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Unfortunately a C visa does not allow for a change of status. If your husband left you could apply for a waiver. The length of your marriage and the disability will be taken into account. A waiver, however, is discretionary and is time consuming.
Answer Applies to: New York
Replied: 7/27/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your husband cannot apply for legal status through your marriage because of the status in which he entered the U.S. He only can apply for an immigrant visa at a U.S. Consulate once the Immigration Service approved a visa petition that you filed for him. However, his leaving the U.S. will bar him from being granted an immigrant visa for 10 years unless he qualifies for a waiver of the bar. For the waiver he must demonstrate hardship to you if you are not allowed to live with him in the U.S. Your disability will be considered in the context of the waiver application and may give him a good case to have the bar waived.
Answer Applies to: California
Replied: 7/26/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
C visa holder cannot change status or adjust status to permanent resident unless protected by 245i(must be in the US on or before 12/20/2000 and immigrant visa petition or labor certification was filed for the alien). Based on the information you provided, he is not protected by 245i and therefore he cannot adjust his status. After he have lived in the US for 10 years he may file for cancellation of removal.
Answer Applies to: California
Replied: 7/26/2011
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