My spouse came to the US on a visa waiver in 2005, which has long since expired. Can I still do an adjustment status (I-864) for my spouse at this point, or is it too late? We were married in the US in 2004 while my spouse was in the US for a visit. I was under the impression that I could file a I-130 at the same time as the adjustment status (I-485), while my spouse was still residing in the US.
In most cities yes, but in others your spouse may be placed in removal proceedings. Consult with a local immigration attorney.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
Yes, he can file for adjustment of status, even with the expired visa waiver I-94. However, there are some risks involved if the case is not approved - for example, there is no right to see a judge and fight removal proceedings. You should talk with an attorney to make sure he is otherwise eligible for filing the I-130 and I-485 and to talk about all of your options.
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