Can I still adjust my immigration status? 14 Answers as of May 02, 2014

I overstayed my B1 visitor visa. I married my U.S. citizen boyfriend and he filled I-130 petition for me. He did not file I-485 as yet. I-130 was approved, but states I'm not eligible to adjust status. Also the notice states if I think I'm eligible, I should contact local USCIS office.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you should be able to, but you should have also used a lawyer in this process and it would have been a lot easier.
Answer Applies to: California
Replied: 5/2/2014
Law Office of Adebola Asekun | Adebola O. Asekun
Unless there are other issues involved, as the spouse of a U.S. citizen who came to the U.S. with a B1 /B2 visa, even if it has expired, you should be eligible to adjust status (green card). Given the fact pattern you described, I would not know why you cannot adjust. Please seek an attorney consultation regarding your eligibility.
Answer Applies to: New York
Replied: 5/2/2014
John Q. Khosravi Law Firm
John Q. Khosravi Law Firm | John Khosravi
Based on the facts you provided, you should be eligible to adjust status in the US. An attorney would have to review your case history to see if there were any other bars to adjustment. However, barring any other issues, you should contact USCIS to explain this issue.
Answer Applies to: California
Replied: 5/2/2014
Ben T. Liu Law Office
Ben T. Liu Law Office | Ben T. Liu
As an immediate relative, you should be able to adjust status because you were inspected when you came in as a B-1.
Answer Applies to: Michigan
Replied: 5/2/2014
Law Offices of Linda Rose Fessler | Linda Fessler
I would get out of the country, before you are deported. Once you are out of the country, he can apply for you.
Answer Applies to: California
Replied: 5/2/2014
    Law Offices of Christine Green
    Law Offices of Christine Green | Christine Green
    Typically a visa overstay can adjust status immediately by getting married to a US citizen because he/she is considered an immediate relative. However, you may be inadmissible for other reasons. I suggest you consult with an immigration attorney who can review the denial notice and guide you on how to proceed.
    Answer Applies to: California
    Replied: 5/2/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You can file for your adjustment of status while in the US.
    Answer Applies to: California
    Replied: 5/2/2014
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    If you entered the U.S. lawfully and can prove that lawful entry and area tried to a U.S. citizen you are eligible to adjust status and could have filed it concurrently with i130. If i130 is approved you can file as now.
    Answer Applies to: California
    Replied: 5/2/2014
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    You should file I-485 as soon as possible. You are eligible based on your posting.
    Answer Applies to: California
    Replied: 5/2/2014
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    It seems you may be eligible. But there are whole lot of inadmissibility issues that an attorney would consider in any adjustment case. Immigration matters are complicated and sometimes the damage may not be repairable.
    Answer Applies to: Nevada
    Replied: 5/2/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Based upon the information provided it appears you may be eligible to seek adjustment of status in the United States. However, you would be best advised to meet with an experienced immigration attorney before filing to verify eligibility.
    Answer Applies to: New York
    Replied: 5/2/2014
    Fasidi Legal Group
    Fasidi Legal Group | Busayo Fasidi
    Based on the limited information you provided you can adjust your status so long as you have proof that you entered the country legally because you qualify as an immediate relative of a U.S. Citizen.
    Answer Applies to: Texas
    Replied: 5/2/2014
    Coane and Associates
    Coane and Associates | Bruce Coane
    An overstay on a B-1, who is married to a USA citizen, can immediately file an I-485 etc with their approved I-130.
    Answer Applies to: Texas
    Replied: 5/2/2014
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