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My husband is LPR and my I 130 was approved two years ago while i had F1 visa. Now I am out of status. My priority date will be

Bayonne, NJ |

current in December, but as far as I know I can't file I 485, because I have lost my legal status. Should I go back to my country and then apply for ajustment of status? What else can I do to get my GC without waiting for my husband to become a Citizen? Please help me.

Attorney Answers 4


  1. You cannot do anything to speed up the process or adjust status until your husband becomes a citizen. If you are now out of status, you must concern yourself with triggering the 3 or 10 year bar from returning to the U.S. if you leave. Do not do so until you speak with a lawyer.


  2. You should not leave the the U.S. if you have been out of status for more than 180 days as your leaving will bar you from being issued an immigrant visa for 3 years or even 10 year if you overstayed more than a year. You husband should apply for U.S. citizenship as soon as he qualifies for you to apply for adjustmnet of status as this is the only way for you to avoid the bar if it applies.


  3. I agree. Your husband should apply for citizenship as soon as he qualifies. If you leave now, you will trigger either the 3 or the 10 year bar. Also, as per today's USCIS teleconference, provisional waivers for unlawful presence will be instituted by the end of this calendar year, so you will have an option. Consult with an experienced immigration attorney in your area.

    Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  4. unfortunately you will have to wait for your husband to become a US citizen. if you leave now, you will trigger either the 3 or the 10 year bar depending on how long you have overstayed. There is an I-601 waiver that can help, but it is discretionary and lengthy and if you choose to leave and later obtain the waiver, do not do so without a thorough consultation with an experienced attorney as you may not be allowed to return for quit some time.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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