I came here with my mom as her dependent on her student visa. I have been out status now for about 4 years. I have no felonies but a couple of misdemeanor charges: disturbing the peace and driving without a license. I got married to my wife in 2005. How would this affect my changes of getting a green card? We have children.
Your being currently out of status will have no bearing on your eligibility to adjust status to permanent residence based on your marriage to a USC. All you need to do is show proof of lawful admission 4 years ago. Your wife will need to file a Form I-130 petition on your behalf, as well as a Form I-864 affidavit of support. You will need to concurrently file the Form I-485, I-765 and G-325 biographical (your USC spouse needs to file one too). DO NOT FILE THE I-131 ADVANCE PAROLE APPLICATION, given that you might have accumulated more than 365 days of "unlawful presence" and could be found inadmissible for 10 years if you were to leave while your AOS application is pending and seek to reenter.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If your wife is a US Citizen, then you would file for a family based green card even if you have been out of status as an F-2 student. As long as immigration has never done a finding that you are out of status, or placed you in deportation proceedings, your D/S should protect you from unlawful presence effects. It is always a good idea to consult or hire an immigration attorney to assist you with the green card process to make sure that everything goes smoothly and the misdemeanors are not a problem.
The information you obtain in this response is for general knowledge. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me, nor my responding to the question, creates an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.
And of course, we have to guess whether she is a USC or not. IF she is not a USC, you are out of luck.
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