Can a person who is out of status adjust status when married to LPR
My friend overstays her visitors visa and is now married to a LPR for 4 yrs. They file i130 and it was approved. Her priority date is now current and se is still out of status.. her husband is still a LPR.....Can she adjust her status without having to return to her home country and being barred for 10 yrs?
The petitioner must become a citizen to adjust. Only immediate relatives of a citizen can do this. Or if the spouse is 245i eligible which does not seem to be the case. Go find a competent lawyer to assist you.
As a general answer, yes, if the foreign national spouse is an overstay, and lpr I-130 priority date is current. However there are serious inadmissibility issues that may exist in your friend's case that may stand in the way or complicate the adjustment of status case.
Your friend should consult with a competent attorney or BIA-accredited representative regarding advisability of filing for adjustment.
Disclaimer: This answer is for informational and educational use only. This answer does not creat attroney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.