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Do I need to file an adjustment of status while I am out of US on a ten year ban which is about to be over in few months?

Chicago, IL |

I have been married to a US citizen since Sept. 2010 and filed the I-130 which was approved almost about a month ago, now NVC require me to file DS-230, with medical report and the application for the visa. Do I need to file for the adjustment of status with this?

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Attorney answers 5


Adjustment of status is only for people who are applying to obtain their residence inside the U.S. It is unclear from your facts where you are located or anything about you eligibility for adjustment. I suggest you consult with an experienced immigration attorney who can review your case and advise you the best way to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


You cannot file for adjustment of status outside the US. To immigrate, you will need waivers.

You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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.


You should follow the instructions of the NVC. Based on your fact pattern you will not be eligible to apply for a green card. You will need a waiver. Consult an attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


No, to file for adjustment of status, you would have to be in the U.S. Regarding your 10 year bar, that is something the U.S. embassy abroad can deal with, NVC will not.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


You need an excellent attorney for a Waiver to begin with as you may not initiate AOS from abroad.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602