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.
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.
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.
Get free answers from experienced attorneys.
27,369 answers this week
2,944 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary