My husband came here four years ago with a visa waiver. He came here legally but was supposed to leave after three months. Now that we are married we filed an adjustment of status. Will he need to return to Belgium for the immigration interview?
I assume you are an USC. Yes he can seek AOS here in the USA. Keep in mind, If the government sends him to court for whatever reason, he will have hard time defending his removal.
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if he goes outside of the country, he will trigger the 10 year bar. For adjustment of status, if all goes well, it is done inside the US.
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He may be able to adjust status in the US.
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.