I came to the U.S. with B1 B2 and I got married to a U.S. citizen. When I try to adjust my status, it was denied by Uscis because I lied when I got my visa. I am currently in removal proceedings and I have individual hearing coming up by September 2019!
If the judge approves your form I-485 you will not have to go to a Consulate. But, you will probably have to file a waiver application ... use a lawyer.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If the immigration judge approves your I-485 AOS application, then you will not have to depart the country and seek an immigrant visa at a US consulate. I doubt, however, given your pedigree that any judge will agree to approve your case without you submitting an Inadmissibility Waiver to DHS first..
Make sure to work with an experienced lawyer from the get go, otherwise you risk being sorry for the rest of your life..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If the judge approves your application for adjustment of status you do not need to go through USCIS, you will be able to obtain your green card inside the USA. However, your only hope is to obtain a waiver of inadmissibility inside the USA, because the Immigration Judge WILL disapprove your application otherwise. You REALLY need to consult your lawyer.
All answers to immigration questions should not be taken as legally binding advice. Todas las respuestas a las preguntas de inmigración no deben tomarse como asesoramiento legal.
You will not need to depart Post AOS approval but will likely need a waiver subsequent to that.
To avoid the consular processing in your country, you would have to convince the judge that you did not make material misrepresentation on your visa application (and/or I-485) or that you deserve discretionary fraud waiver approval (I-601)(assuming you have a qualifying relative). Work with an experienced immigration attorney.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
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