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My wife is on Green Card, She file I-130 for me & it got approved, but currently I dont have legally Status.I entered US legally

Chicago, IL |

I checked Visa bulletein & it shows my priority date is current. What Should I do now. Can I get any legal status. Please advice.

Attorney Answers 3


  1. Even though your priority date is current, you are not eligible to file Form I-485 to adjust your status. This will be different when and if your wife becomes a US citizen, because the "immediate relative" (such as a spouse) of a US citizen can file Form I-485 even if he failed to maintain legal status. But for now, when you are the spouse of a permament resident, you cannot file an I-485.

    If you depart the US after having one year or more of unlawful presence, you will have a 10-year bar to returning to the US.


  2. Even though your priority date is current, you are not eligible to file Form I-485 to adjust your status. This will be different when and if your wife becomes a US citizen, because the "immediate relative" (such as a spouse) of a US citizen can file Form I-485 even if he failed to maintain legal status. But for now, when you are the spouse of a permament resident, you cannot file an I-485.

    If you depart the US after having one year or more of unlawful presence, you will have a 10-year bar to returning to the US.


  3. If you entered the US legally and are out of status due to a failure to maintain status, you can adjust in this situation only if your wife filed a petition for you on or before 30 April 2001.

    The other way is to adjust status when your wife becomes a US citizen, assuming you entered legally.

    You do not need to be concerned about the visa bulletin as you are already in the USA unless you intend to depart and seek consular processing outside the USA.

    It is advisable to contact an immigration lawyer to discuss your case and find a way forward.

    You are welcome to contact me via the link provided below to discuss your case if you so wish.

    Goodluck.

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