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Immigration Status..

Los Angeles, CA |

If someone is on visa A in the country and maintains a valid status and gets married to a U.S Citizen with bonafide intent and in the meantime goes out of status while the paperwork is with USCIS.

Is the person eligible to stay in the country till the final decision is made by USCIS on the application?

Attorney Answers 3

Posted

As a matter of policy, an out of status adjustment of status applicant not in removal proceedings is allowed to remain in the U.S. while the adjustment of status application is pending. Note that there are special procedures for A "diplomatic visa" applicants that make the process more complicated. You should see a competent immigration lawyer, such as myself or one of my AVVO colleagues (who volunteer to answer these questions as a public service) to assist you in the application process.
Ron Tasoff
Certified Immigration Law Specialist*
Law Offices of Tasoff and Tasoff
16255 Ventura Blvd. Suite 1000
Encino, California 91436
(818) 788-8900
ron@tasoff.com

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Posted

I agree with my colleague on all counts.

Filing adjustment of status for some on an A visa does involve more than many lay people realize. You should retain an attorney to make sure that your case is filed correctly.

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Posted

Yes

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

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.

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