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What kind of waiver i need to submit for AOS ( married to USC),I came to US on Visa and overstayed for a very long time?

Chicago, IL |

Hello,I got married to a USC recently ,and I am trying to adjust my status right now ,I have been in Chicago for 10 years but i came on Visa and i was interviewed buy the immigration authorities back then and have I-94. we have basically all the forms ready and our lease together and utilities together..I don't wanna travel outside the country and i have never been out site Chicago since i came here, do i need some kind of waiver like people who came here illegally ? and how to do it ?

Attorney Answers 7

  1. Best answer

    As no doubt everyone already told you, you don't need a waiver and don't need to leave the US to get an immigrant visa filed by an immediate relative.

    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. Hi there- consult with an attorney. Waiver petitions are complicated.

    800-688-7892, Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

  3. Whether you even need a waiver depends on what happened based on the interview you had years ago.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  4. Do consult with an experienced Immigration Attorney who can review the facts of your case and advise you of your options.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  5. I agree with the others, you should consider consulting with an immigration attorney because you may or may not need a waiver depending on other facts (what type of visa, any other inadmissibility issues, etc) Filing an I-130 with an I-485 can be daunting and an immigration attorney can help you through the process.

  6. All of my colleagues are correct. You may or may not need a waiver, depending on a variety of factors, and an online forum like this cannot provide you definitive legal advice. Your status in the US and ability to remain with your spouse is worth the time and few dollars it may cost you to have a consultation with an experienced immigration attorney. Visit to find one in your area.

  7. You may need a waiver for fraud or crimes depending on details in your case, or you may not need one at all and can apply for adjustment of status.

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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