Can I file I-130 and I-485 even if I overstayed my student visa? 20 Answers as of June 13, 2013

F1 expired September 2008. Got married March 2011. We have a child together and I’m still in the US.

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
If your spouse is a U.S. citizen, you can file I-130/I-485. If you entered the U.S. legally, you can adjust status on the basis of an immediate relative immigrant petition of your U.S. citizen spouse even if you overstayed your initial admission to the U.S.
Answer Applies to: New York
Replied: 11/6/2012
Carol Beth Wolfenson | Carol Beth Wolfenson
Yes you can. The overstay will be forgiven
Answer Applies to: New York
Replied: 6/13/2013
Universal Law Group, Inc. | Francis John Cowhig
Yes. You should contact an experienced immigration law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options and help you with the necessary paperwork and documentation to avoid any delays or errors which could lead to a denial of your petition.
Answer Applies to: California
Replied: 11/1/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, as long as you entered the US lawfully and can prove that lawful entry, if you are married to a US citizen, you are eligible to apply for I-130/I-485 concurrently and adjust status within the US. 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: 11/1/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Assuming your spouse is a U.S. citizen and there are no other issues that would bar adjustment of status, you can petition even though you overstayed. If your spouse is not a U.S. citizen, it would not be advisable to file a petition.
Answer Applies to: New York
Replied: 11/1/2012
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can apply for permanent resident status as a spouse of a U.S. citizen as long as you entered the country lawfully. As spouse of a U.S. citizen, you do not have to be in lawful status at the time of filing an adjustment application.
    Answer Applies to: California
    Replied: 11/1/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Yes you can.
    Answer Applies to: California
    Replied: 6/13/2013
    The Law Offices of Mary Lyn T. Sanga, A Professional Corporation | Mary Lyn Tanawan Sanga
    If you are married to a US citizen and your citizen spouse is your petitioner in your Form I-130 petition, you can file your Form I-485 application together with the Form I-130. Since the petition is under Immediate Relative category, mere overstay is not an impediment to adjustment of status.
    Answer Applies to: California
    Replied: 11/1/2012
    SwagatUSA, LLC
    SwagatUSA, LLC | Dhenu Savla
    If you have never left the US then the unlawful presence should not prevent you from adjusting your status assuming you meet all the other requirements.
    Answer Applies to: Illinois
    Replied: 10/31/2012
    EBERE N. EKECHUKWU & ASSOCIATES, P.C. | Ebere N. Ekechukwu
    Yes, you for file for adjustment of status as long as your spouse is a U.S. citizen.
    Answer Applies to: Illinois
    Replied: 10/31/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You can file I-130 and I-485 together?if your spouse is a US citizen.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Julian & Chin LLP
    Julian & Chin LLP | Larry F Chin
    You should be able however the real question is whether you are "admissible to the United States."
    Answer Applies to: Washington
    Replied: 10/31/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    If you are married to a US citizen, you can do so. You will want to consult with an attorney prior to doing so to be sure you are eligible.
    Answer Applies to: Washington
    Replied: 10/31/2012
    Law Office of Bijal Jani | Bijal Jani
    Yes, if you have married a US citizen, your spouse can file an I-130 on your behalf and you can file a I-485 concurrently so if the I-130 is approved, then the I-485 can be reviewed at the same time. ? Bijal M. Jani, Esq. Bijal Jani, PC One Blue Hill Plaza? Eleventh Floor, PO Box 1669 Pearl River, New York 10965 T: 845 -?735 - 0247 www.BijalJani.com This message contains confidential information and is intended only for the individual named.? If you are not the named addressee you should not disseminate, distribute or copy this e-mail.? Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mails are not encrypted and cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.? The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.?
    Answer Applies to: New York
    Replied: 10/31/2012
    Abigail Law Firm, PLLC | Meghan Abigail
    If the petitioner is a U.S. citizen and the applicant has no other inadmissibility issues then yes. However, I always recommend consulting with an attorney before filing an adjustment, as a failed adjustment application can lead to removal proceedings.
    Answer Applies to: Texas
    Replied: 10/30/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes you may.
    Answer Applies to: Texas
    Replied: 6/13/2013
    Law Office of Eric Fisher | Eric Fisher
    If your wife is a US citizen, and you last entered the US with a visa. You can file the I-485 with the I-130.
    Answer Applies to: Colorado
    Replied: 10/30/2012
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