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Can a U visa holder, who is married to US citizen, but had entered US w/out inspection, can apply for adjustment of status ?

San Jose, CA |

12 / 1998 entered US with visitor visa . Overstayed . 10 / 2003 was denied entry at Miami airport for overstay . Sent back home with 5 year ban . 12 / 2003 entered US through Mexico w / out inspection . . . just with Driver license , not passport . 2010 got married to US citizen . 2013 U visa application approved . Can I apply for adjustment of Status through my husband ? Thanks

Attorney Answers 3


The U Visa is a new and complicated category. You need to discuss this case with an immigration lawyer EXPERIENCED with U visas.

While your USC spouse can petition for you, whether "all will be forgiven" and you will be allowed to adjust status your unique history is uncertain.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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You may qualify for the new provisional waiver program. However, I agree with my colleague. You may have additional issues that disqualify you. I suggest you consult with an experienced immigration attonrey,

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Yes. However, if there is an inadmissibility issue it is better to stick to U visa. Waivers are more liberal.

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