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Came to US on visitor visa in 2002, overstayed, but now am married to US citizen. Can I adjust status the normal way with 485

Charlotte, NC |

I arrived in the United States on a visitor visa in 2002. I recently married a US citizen. Can I adjust status? Should I simply file an I-130 and I-485?

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Attorney answers 4

Posted

An entrance using a visitor visa is considered and admission which is required to adjust status. As your spouse is a U.S. citizen, you can file both the I-130 and I-485 together as well as all other collateral forms and applications. You should prepare sufficient evidence to support each point of the law to obtain the benefit you're seeking. With any marriage based adjustment case, it is recommended that you retain counsel for the entire process to ensure the case is seen in the light most favorable to you and your spouse and to ensure the USCIS officers comply with the Adjudicator's Field Manual. This has been an issue in the Charlotte CIS office.

Posted

Yes and Yes. look at the forms. If you have any doubt that you can do it on your own, get an attorney.

Posted

Unless you have some other issue, you may adjust. Review the forms required for the process particularly the I-485. On the I-485 are listed questions if you are unsure of the impact when answering any of the questions or if you are uncomfortable or have any doubt about proceeding on your own contact an immigration attorney to represent you in this process.

919.225.3963
immigration@rbrownllc.com
www.brownimmigrationNC.com
Robert Brown LLC
2530 Meridian Parkway, Suite 3050
Durham, NC 27713

Posted

If you can prove a legal entry to the US, then yes.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

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.