Skip to main content
Gerardo S. Gutierrez

Gerardo Gutierrez’s Answers

2 total

  • Adjustement of statut through mariage!

    Hi, i came to the US in 2007 with a f1 visa. in 2008 i stop going to school for some reasons. in 2009 two ICE officers come to look for me on my friends house but couldn t find me there! nxt week i will be marring a US citizen! my questions a...

    Gerardo’s Answer

    In answer to the most important question you ask, can you adjust your status to permanent resident if you came into the U.S. in 2007 on an F1 Visa through marriage and you remained in an unlawful status after you dropped out of school, the short answer is no. Under the law as it stands today, an F1 Student may not adjust his status by virtue of marriage to a U.S. Citizen from inside the United States. As for ICE looking for you, they have a policy to arrest F1 or even J1 students/exchange working students who drop out of their respective programs without renewing or advising the Immigration Service of their intent to renew their Visa. You are not currently in removal proceedings necessarily, and there probably is not a final order of removal yet, but you are considered a fugitive. You should consult a lawyer immediately and bring all of your documents so a better assessment of your chances for adjustment will be provided at a no cost consultation.

    See question 
  • How can I help my boyfriend become a legal resident?

    He is currently detained by immigration. This all started because of a traffic violation and was arrested for not having a drivers license and a dui and this is his first offense. I paid his bond and then ins picked him up. We love each other v...

    Gerardo’s Answer

    If and when you bond him out, he will be required to appear before an Immigration Judge at a Master Calendar hearing. At that time the Immigration Judge will ask what form of relief if any does he have. If he entered the Country illegally, then your marriage to him will not prevent his removal unless he has an approved I-130 or I-140 prior to April 30, 2001. If he doesn't then he needs a qualifying relative, either a son or daughter, or a parent who is either a lawful permanent resident or citizen of the U.S. and have more than 10 years continuous residence, 7 years prior to the criminal conviction giving rise to his arrest and subsequent issuance of a Notice To Appear. I do these types of cases every day and am very familiar with the Court's rules and procedures on this topic as well as the law on adjustment of status to legal permanent residence.

    See question