Immigration Status..

Asked almost 2 years ago - 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)

  1. Ronald Jeffrey Tasoff

    Contributor Level 11


    Lawyers agree


    Answered . 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

  2. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  3. Marc Damien Sean Taylor


    Contributor Level 16


    Lawyer agrees

    Answered . 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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