I agree with my colleagues. You should be able to adjust status and become a permanent resident without leaving the United States. Consult an immigration lawyer and obtain professional assistance immediately. A mistake in any application for immigration benefits can have severe consequences in the future. There is much more to our profession than filling out forms. There is a lot of analysis that occurs behind the scenes. Get a lawyer and do it right the first time. Repeating anything in the world of immigration is on a time scale of months or years. As a result, it can easily cost you more time and money to obtain an immigration benefit on your own than if you use an attorney. Plus, keep in mind that there are significant “opportunity costs” as well. (A good example is where someone has to re-submit a work permit application and wait a few additional months before working).
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
Certain USC spouses can apply for GC without leaving the U.S. Consult with an experienced immigration attorney before you file the marriage-based petition.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.