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I have been married to a us citizen for 10 years and entered the country legally but never filed i485 am I still eligible ?

Denver, CO |

I was just curious as to if I could still potentially apply for a green card and what steps would I need to do to begin this process?

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Attorney answers 6


First, it is important to understand that every fact can have a big impact on an immigration case. As a result, it is difficult to give you a 100% certain answer. For example, if you have criminal convictions in the U.S., you should speak with an immigration attorney because this can impact your ability to adjust status.

With that being said, if you are married to a United States citizen, you may be eligible to adjust your status to that of a Legal Permanent Resident and get your green card. If you entered the U.S. with a visa, you may not have to return to your country to adjust your status. If you are going to adjust your status, it is a good idea to speak with an immigration attorney before you file any documents to ensure that you are eligible. You will need to file a few immigration documents and go to a scheduled interview with your spouse. If all goes as planned, you may obtain a green card with conditions on it. You may also get work authorization if there are not problems.

I suggest that you speak with an immigration attorney to ensure that you understand the options that you have and any risks associated with filing immigration documents.

This response is intended to provide general information and an attorney-client relationship has not been formed as a result of this post.


It took you 10 years to ask this question? What are you waiting for? Make an appointment with an immigration attorney in your area today and see what you are eligible for.

The questions answered by this attorney are for general purposes only and do not establish an attorney-client relationship.


Provided your spouse petitions you and you can prove that you entered the US legally, then yes.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

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.


I agree with he other attorneys. IF you are still in a valid marriage and you entered legally, you are eligible to file. Many other factors ( such as criminal history) will be relevant which you should discuss with an immigration attorney

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Neil I Fleischer (513) 977-4209 Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


I would only add that in some cases, even if you entered legally, you cannot adjust your status in the US and must Consular Process. Find a lawyer please.

This answer provides general information only. Please see an experienced immigration attorney for a complete answer. 203 645 6376.


Oftentimes this is possible, but there are a lot of potential pitfalls. I represent too many people in removal proceedings who have tried to file Form I-485, sometimes with assistance of notarios or attorneys unfamiliar with immigration law, and had those forms denied. Those people were then issued Notices to Appear in Immigration Court to initiate removal (deportation) proceedings. Please consult a reputable and experienced immigration attorney.

Bryon M. Large, Senior Attorney Joseph Law Firm, P.C. (303) 297-9171