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Anish Vashistha

Anish Vashistha’s Answers

11 total

  • Immigration

    my spouse came into the states w/laser card /I-94 issued when he was single. We got married just recently. Can I file adjustment for him even though he just recently entered? Or would he has to go to Cd. Juarez

    Anish’s Answer

    This is a very good question. Because your husband entered legally, as long as your husband (1) does not have any criminal history, (2) has never been deported or ordered deported, (3) has never previously entered the United States illegally, and (4) has never accrued unlawful presence during a previous stay in the United States, he can file for adjustment of status with United States Citizenship and Immigration Services ("USCIS") without having to leave the country. If you are unsure about any of those four factors above, then you should contact an immigration attorney.
    One additional important point is that USCIS looks for individuals who entered on a temporary-stay visa (like your husband) but with the intention of staying permanently (such as people who marry a U.S. Citizen). However, this does not stop one from filing for adjustment of status and being successful. Assuming your husband entered the United States with an intention of only staying temporarily, If your husband entered recently, to be on the safe side, he should wait at least 90 days since his last entry before filing for adjustment of status to avoid any concerns by USCIS.

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