If you entered the US legally, you would generally be eligible for adjustment of status. In such circumstance, if it was only an oversight on the part of your husband or you to not file for adjustment of status along with form I-130, you can do so at this time and attach a copy of the I-130 filing so that U.S.C.I.S. can see that the petition is pending. If there was some other strategy involved, then you may wish to speak to an immigration attorney. If you have questions as to whether you are eligible to adjust status, you should also consult with an immigration attorney to go over all your options. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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