Me and my husband got married 6 months ago. I am in the US right now and don't want to go back home (The Netherlands) What can I do so I don't have to go back to the Netherlands and file for the Green Card. Can I just change adjustment of status or do I have to go through a certain process. Help!
The answer is likely yes but you should resolve some eligibility questions with your lawyer before you file. The primary issue is the type of visa you used to enter. There are only a few that don't permit adjusting status and your probably didn't use one but you should know before you file. As wel, if you used the visa waiver program to enter, you should be working hard to file asap as the longer you're out of status the more scrutiny CIS gives you case. If you're interested in retaining counsel feel free to contact us.
Did you enter the USA with a visa? Or did you enter under the Visa Waiver Program (VWP)? If you entered by simply presenting your Netherlands passport, and no visa, then you most likely entered under the VWP.
You most likely are eligible to apply for permanent resident (green card) status without leaving the USA, but you need to be especially careful if you entered on the VWP, because if that is the case, then you will not have any rights of appeal if your green card application is denied.
I strongly suggest that you consult with an experienced immigration attorney about your case.
Law Office of Michael Carlin PLLC
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