I just found out the if u enter the US using c-1 visa u are eligible to adjust ur status. And i came here using c-1 visa.

Asked over 1 year ago - Woodland Hills, CA

C-1 visa (pass through the us going to other destination) not the jumpship thing But i do have i-94 and port of entry. My question is if i marry a us citizen will it help me to change my status? And if its the right way to do , do i need to consult a lawyer first before making any actions? Or just do it right away?im so confused rightnow.i came here last 2009 and obviously i overstayed here in us .

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . No. Entering with a C-1 means you cannot change you status in the US. You must process abroad.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Michael Haven

    Contributor Level 10

    2

    Lawyers agree

    Answered . You are correct that those who enter on a C-1 transit visa (not as a crewmen) are eligible to adjust status through marriage to a U.S. citizen although you will most likely have to explain your intent upon entry to the immigration officer. I just had a case like this and it was eventually approved but I had to educate the officer on the law because he thought my client was ineligible to adjust on a C-1 visa, no matter the circumstances of his entry. For a case like this, you should hire an experienced immigration attorney.

  3. Christopher Michael Pogue

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with my colleague, C-1 is some instances are eligible for Adjustment of Status. However you need to be much more careful with this type of case, as there are a number of potential issues. For example you mention that you are aware of the jumping ship provision. If your visa was a combo C1-D1 visa you could face a stiff uphill battle. Here is a recent case denying eligibility to a C-1/D-1 that was admitted as C-1.

    http://www.ca3.uscourts.gov/opinarch/102091np.pdf

    Though it likely goes without saying, marriage for the sole purpose of obtaining a Green Card is a crime, and immigration will hold you to a very high standard in establishing that your current marriage is in fact for the purpose of sharing your life with your US spouse, and not merely the limited purpose of a Green Card.

    Even if you were simply out of status, I would strongly recommend using an immigration attorney. That you entered on a C-1 only strengthens this opinion.

    Good luck.

    Representing clients throughout the US and around the world: www.PogueImmigrationLaw.com (513) 549-4420. We cannot... more
  4. Jesus Novo III

    Contributor Level 14

    2

    Lawyers agree

    Answered . This is one of those questions that even experienced immigration attorneys miss. In general, C-1 visa holders cannot adjust or change status, however there are exceptions. One exception is for a person who can avail himself of the benefits of 245(i). Consult an experienced immigration attorney; better still, two experienced immigration attorneys. Good luck.

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