Can you make an adjustment of status via marriage? 7 Answers as of February 20, 2012
My boyfriend of seven years and I are planning to get married. However, he is illegal due to an expired visa. Since he originally entered the country legally and we are both upstanding members of our community (no criminal record, many mutual friends, family and we also work together etc.) will our marriage and subsequent petition (i130 form) and/or adjustment of status (i485) help resolve his status issues or will he have to return to his country or face deportation if we proceed?Free Case Evaluation by a Local Lawyer!
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Law Offices of Svetlana Boukhny | Svetlana Boukhny
As long as he can prove his lawful entry, he can complete the process of adjustment of status within the US.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
*Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely. If prepared properly, based on the information you gave, it can be done here in the U.S.
Answer Applies to: California
Replied: 2/17/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
If he has no criminal record, he can apply for adjustment of status as long as he has evidence that his last entry was lawful (with the exception of certain fianc? and crewman visas). He will not be placed in removal proceedings given the facts. This is an easy case for a skilled practitioner.
Answer Applies to: California
Replied: 2/14/2012
Law Offices of Kiran Nair | Kiran K. Nair
Generally, having entered with a visa but depending on the type of visa and thereafter overstaying unlawful but marrying US citizen whereby filing I-130 petition and I-1485 application for legal resident will permit to legalize status to legal resident. However, I recommend that you consult with an immigration attorney because certain visa entries don't permit legalization of status.
Answer Applies to: California
Replied: 2/13/2012
Christian Schmidt, Attorney at Law | Christian Schmidt
Your boy friend is eligible for adjustment of status as your spouse if you are a U.S. citizen and he entered the U.S. lawfully.
Answer Applies to: California
Replied: 2/10/2012
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
He can apply to adjust his status without having to leave the country. And the entire process (if done correctly) only takes about 3 months from start to finish.
Answer Applies to: California
Replied: 2/10/2012
Law Office of Christine Troy | Christine Troy
As a general matter, a person who enters legally and marries a USC is eligible to file for a green card in the US. There are many factors that otherwise must be met so you want to take the time for a full consult with a competent immigration attorney in your area to fully analyze his case.
Answer Applies to: California
Replied: 2/10/2012
