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I have a 2 yrs old son and living with the father for 3 yrs already. I am LPR married for 2 years to him.

Leesburg, VA |

In 6 months I can become citizen and want to adjust the status of my husband as soon as i get the citizenship. He did not get to USA as tourist he enter without visa.
My first question is if I apply to regularize his status will that count as married more than 2 years with a citizen or the time counts since i became citizen.
Can he wait for his residence here or he must go to Chile to wait for his residence.

Attorney Answers 3


  1. Best answer

    Mr. Ferrari is correct. I don't see eligibility for adjustment (regularize as you call it) without:

    1. The law changing, or
    2. Him leaving the US to get a visa in Chile.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. The length of marriage has nothing to do with immigration status. He can only adjust status in the US if he either entered with a valid visa or qualifies for 245(i). Otherwise, he will have to finish the process in his home country after obtaining the necessary waivers.

    You should 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. CONSULT with an excellent immigration attorney and ask them about the I-601A provisional waiver. You may or may not be able to qualify for this waiver which requires extreme hardship etc. Do NOT do anything without consulting with several attorneys. For more on the provisional waiver goto
    uscis.gov/provisionalwaiver

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.

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