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Can I stay in the US and file for a Green Card?

Loveland, OH |

Me and my husband got married 6 months ago. I am in the US right now and don't want to go back home (The Netherlands) What can I do so I don't have to go back to the Netherlands and file for the Green Card. Can I just change adjustment of status or do I have to go through a certain process. Help!

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Attorney answers 4

Posted

If you entered with a visa or using ESTA in most instances you may be permitted to obtain residence in the US.

There are issues particularly with ESTA. You should meet with an immigration attorney before proceeding.

Asker

Posted

I do came here with ESTA. But is it possible to obtain residence on ESTA? If so what do I need to do before contacting an immigration lawyer.

Posted

If you entered the US lawfully and your husband is a US citizen, you can adjust status here, assuming you are otherwise eligible. Consult with an immigration attorney. Good luck.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

Asker

Posted

can it affect my process if my husband is incarerated? we already found a co sponsor

Posted

Did you enter the USA with a visa? Or did you enter under the Visa Waiver Program (VWP)? If you entered by simply presenting your Netherlands passport, and no visa, then you most likely entered under the VWP.

You most likely are eligible to apply for permanent resident (green card) status without leaving the USA, but you need to be especially careful if you entered on the VWP, because if that is the case, then you will not have any rights of appeal if your green card application is denied.

I strongly suggest that you consult with an experienced immigration attorney about your case.

Michael Carlin
Immigration Attorney

Law Office of Michael Carlin PLLC
3365 Washtenaw Avenue, Suite 209
Ann Arbor, Michigan 48104
Phone: 734.369.3131
Fax: 734.259.4801
Website: mcarlinlaw.com Sitio en español: mcarlinlaw.com/es/
Email: mike@mcarlinlaw.com

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Asker

Posted

I came in on a ESTA. Is that the same as VWP?

Michael Hugh Carlin

Michael Hugh Carlin

Posted

Yes. See: https://esta.cbp.dhs.gov/esta/ This means that if, for any reason, USCIS denies your application for permanent residence, then you will not have a right to appeal that decision in Immigration Court.

Asker

Posted

Now Im really getting scared.. is the a big change I get denied? and what can I do to prevent that? Is my change bigger with an attorney?

Michael Hugh Carlin

Michael Hugh Carlin

Posted

I think that if you work with an experienced attorney, you will have a better chance of success. The attorney can determine if there might be some problems, prepare the documents for the best chance of success, etc.

Asker

Posted

are you an experienced immigration lawyer? and how much is this going to cost me for the whole process?

Michael Hugh Carlin

Michael Hugh Carlin

Posted

Yes, I am an experienced immigration lawyer. If you wish, if you could please email me at mike@mcarlinlaw.com or call my office at 734-369-3131 (Monday to Friday, 9 to 5), we could discuss your immigration matter and the fees involved. Thank you.

Posted

The answer is likely yes but you should resolve some eligibility questions with your lawyer before you file. The primary issue is the type of visa you used to enter. There are only a few that don't permit adjusting status and your probably didn't use one but you should know before you file. As wel, if you used the visa waiver program to enter, you should be working hard to file asap as the longer you're out of status the more scrutiny CIS gives you case. If you're interested in retaining counsel feel free to contact us.