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Pending i 130,husband is out of status now. will he be eligible to adjust his status? i m green card holder.

Humble, TX |

i am green card holder, husband came on f-1 visa ,when we applied i-130 he was in status .our priority date is current right now . i am due to get citizenship in February 2014 ..now being out of status is forgiven? ?if your spouse is green card holder .or one has to be citizen??
Thanks in advance

Attorney Answers 5


  1. You cannot file for adjustment of status if you are not in lawful status, except based on an immediate relative petition [spouse, parent, or minor child of a U.S. citizen].

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Under these facts it appears that your husband is not eligible for adjustment of status since he has failed to maintain lawful status. Should you become a U.S. citizen this bar to adjustment would no longer apply. Consult with an experienced immigration attorney who can review your case in detail and recommend an appropriate course of action and what to expect.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  3. Wait until you become a U.S. Citizen and then hire an immigration attorney to help you petition for your husband.

    Angelique Montes, Esq., Immigration Attorney in Houston, Texas. 832-378-7781. This is not legal advice and a client-attorney relationship is not created. The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case. For a consultation call (832) 378-7781.


  4. You need to wait to naturalize. Once you do that, your spouse can file the Adjustment of Status application. You're almost there. Good luck.

    Verdin Law Firm, LLC
    Texas


  5. Right now your husband cannot adjust status because he is out of status. However, this could change if you were to become a citizen. But beware that there are many other issues that could arise when someone files an AOS. Speak to an immigration attorney to make sure that the case would be a clean on if you were to become a citizen.

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