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Can a person who is out of status adjust status when married to LPR

Tampa, FL |

My friend overstays her visitors visa and is now married to a LPR for 4 yrs. They file i130 and it was approved. Her priority date is now current and se is still out of status.. her husband is still a LPR.....Can she adjust her status without having to return to her home country and being barred for 10 yrs?

She doesnt want to file then get place in removal proceedings... what kind of waiver is there?

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Attorney answers 4

Best Answer
Posted

The petitioner must become a citizen to adjust. Only immediate relatives of a citizen can do this. Or if the spouse is 245i eligible which does not seem to be the case. Go find a competent lawyer to assist you.

Posted

As a general answer, yes, if the foreign national spouse is an overstay, and lpr I-130 priority date is current. However there are serious inadmissibility issues that may exist in your friend's case that may stand in the way or complicate the adjustment of status case.

Your friend should consult with a competent attorney or BIA-accredited representative regarding advisability of filing for adjustment.

Daniel Green, Esq.
845-853-7302/347-245-7078
Serving the Hudson Valley, Northeast, and the World Beyond
www.hudsonvalleyimmigrationlaw.com
lawyer@hudsonvalleyimmigrationlaw.com
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402

This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.

Robert West

Robert West

Posted

Do not agree unless the petitioner become a citizen or has 245i available.

Daniel E. Green

Daniel E. Green

Posted

Robert is right there, I overlooked that. The lpr must become a citizen before spouse can adjust, although lpr can file now and change the category of I-130 when he becomes a citizen. In any case, get competent advice before that I-130 is filed.

Posted

Yes your friend can adjust her status while she is in the U.S. she may have to file for a waiver.

Good luck

Elkhalil Law Firm, LLC
Hassan Elkhalil
www.greencardusa.com
(770) 612-3499

Disclaimer: This answer is for informational and educational use only. This answer does not creat attroney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.

Asker

Posted

What kind of waiver is available? i thought the spouse had to be a us citizen for any adjustment or forgiveness to take place.

Robert West

Robert West

Posted

Do not agree. Spouse of LPR cannot adjust in the US unless the petitioner become a citizen.

Posted

The answer is no. As the spouse of a green card holder she cannot adjust unless she is legally here or is 245i eligible which means a visa petition Ess filed on her behalf before April 30 2001.

Be careful. Don't waste filing fees if she is not eligible. Hubby should naturalize!

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