Yes--a person that entered the U.S. with a valid visa and overstayed can generally adjust status in the U.S. on the basis of a petition from a citizen spouse. This is assuming no other ineligibility grounds such as crimes or misrepresentation apply in the case. Your best bet would be to sit down for a discussion with an attorney in your area to go over eligibility in detail. Best of luck.
Jeff Khurgel, Esq.
Orange County Office: (949) 509-6515
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Hire an immigration attorney. AVVO is not the answer to your prayers.
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Not sure your question is asked clearly. If you're asking can someone outside the U.S. apply to enter lawfully through a valid marriage based petition, then yes there is a process depending on the facts and prior immigration history and you should seek legal counsel and ask about consular processing options. If you're asking can someone inside the U.S. who is currently undocumented adjust their status then this is a much more difficult issue. It will depend on very specific facts and circumstances particular to your case- be sure to get excellent advice from a competent immigration attorney.
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If you entered the US unlawfully, you will have to return to your country to apply for permanent residence after obtaining an extreme hardship waiver in the US.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.Ask a similar question