Can I adjust my status?
My and my wife been married for 5 years we have to boys and a baby on the way. She is a us citizen I'm not have a daca work permit. My wife filled a i130 petition and got approved last year..... I also filled for advanced perol thru daca and got approved so I went and came from mexico with no problems now I need to adjust... but me and my wife were separated last year and she was collecting cash aid and food stamps and I was working at the school district, we weren't living together but I don't know of I should file taxes together since we weren't living in same house will there be an issue in my case for adjusting
4 attorney answers
Even though eligible now to adjust status in the USA, given that you were admitted back on a DACA-based advance parole, you will NOT be able to "adjust status" unless still married to AND living with your USC wife, together as husband and wife. Try to reconcile.
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If you do not have a viable marriage, you cannot adjust based on her I 130. You need to speak with an attorney.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
It is not a good idea to file for adjust of status when you both do not live together anymore. Try to make things right with your spouse if you can. And its best you talk to an experienced immigration attorney in person to discuss about your situation. All the best.
Immigration Attorney, Los Angeles.
If you and your spouse are now living together, then you may seek adjustment of status. Of course, you and your spouse will have to prove that you are still married and that the marriage is valid. Yes, the fact that you were separated may affect you, but you may overcome that. If you reconciled you and your spouse can attest to that. You should file your income tax return. Speak with an attorney knowledgeable in immigration law for guidance. Best of luck.