Do I need to file an adjustment of status while I am out of US on a ten year ban which is about to be over in few months?

I have been married to a US citizen since Sept. 2010 and filed the I-130 which was approved almost about a month ago, now NVC require me to file DS-230, with medical report and the application for the visa. Do I need to file for the adjustment of status with this?

Chicago, IL -

Attorney Answers (5)

Jeffrey Adam Devore

Jeffrey Adam Devore

Immigration Attorney - West Palm Beach, FL
Answered

Adjustment of status is only for people who are applying to obtain their residence inside the U.S. It is unclear from your facts where you are located or anything about you eligibility for adjustment. I suggest you consult with an experienced immigration attorney who can review your case and advise you the best way to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
Answered

No, to file for adjustment of status, you would have to be in the U.S. Regarding your 10 year bar, that is something the U.S. embassy abroad can deal with, NVC will not.

The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

You cannot file for adjustment of status outside the US. To immigrate, you will need waivers.

You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Immigration Attorney - Chicago, IL
Answered

You need an excellent attorney for a Waiver to begin with as you may not initiate AOS from abroad.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
Alexus Paul Sham

Alexus Paul Sham

Immigration Attorney - The Woodlands, TX
Answered

You should follow the instructions of the NVC. Based on your fact pattern you will not be eligible to apply for a green card. You will need a waiver. Consult an attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more

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