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Do I notify Immigration of my denied change of status when I file for the marriage based green card?

Salt Lake City, UT |

I entered the United States on a J1 visa, applied for a change of status to F1, but got denied. There were no removal procedures started against me, I just had 30 days to leave the country.
I overstayed, and that was one year ago.
Now I got married to an US citizen, and we want to file for an adjustment of status, but I don't see anywhere in the paperwork that needs to be submitted, where I might bring up my failed attempt to change status.
I also want to know if that will affect my case in any way, and how exactly (I was never subject to the 2 year ban).
Advice is much appreciated, thank you.

Attorney Answers 4


  1. Best answer

    It will have no effect on your adjustment so long as you are marrying a US citizen and you do not have a 2 year foreign residency requirement on your J-1. If you have the 2 year, you cannot adjust to permanent residence until you have fulfilled this requirement, unless you are lucky enough to obtain a waiver. Consult a lawyer.


  2. This is a very good reason to hire an attorney and pay a professional to handle your legal matter. Please contact me for a free consultation.
    Regards,
    Nick MIsiti
    Misiti Global, PLLC.
    716 830 7960
    misitiglobal@misitiglobal.com


  3. Any period of lawful status is always a concern.
    It is advisable to work with an immigration lawyer to have your concerns addressed.
    You will also benefit from a professional insight into the immigration process as it affects you.
    You are welcome to use the link provided below to contact me if you wish to discuss a way forward.
    Goodluck.


  4. The CIS most likely already knows that your request for F1 status was denied. If your J1 did not have the 2 year foreign residence requirement, then you may adjust status based on your marriage to a US citizen.

    Do have a lawyer look at your J1 papers though. Being subject to the 2 year foreign residence requirement is a matter of actual facts, not simply the endorsement on your passport.

    Uzo Akpele
    www.aallclaw.com

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