QUESTION
Am I still allowed to stay if we cannot finish the paperwork before the due?
Asked on Sep 27th, 2013 on Immigration - Michigan
More details to this question:
Hello! I need help. This is my situation. I came in America as J1 student in May. My work visa expired on September 6th but have one more month for travel. I married United States citizen on September 23rd and now we have to fill and send all the paperwork for Adjustment of Status and Green Card. My visa ends on the October 6th, and we don't know if we can finish all the paperwork until that date. What steps exactly we have to do to finish everything? Thanks a lot; we will appreciate any kind of help.
5 ANSWERS
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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Congratulations on your marriage! Since you are married to a U.S. citizen, and applying for Adjustment of Status, your being out of status would not be a bar to Adjustment. That means, even if you were to go out of status when your documents are filed, you will still be able to adjust your status. To be eligible for Adjustment of Status, you have to show that you entered the U.S. with inspection (in your case you entered with a J1 visa), and that you are married to a U.S. citizen. So even if you were out of status for a year or more, you would still be eligible for Adjustment. However, in your question you did not mention whether your J-1 visa has a two-year home residency requirement. If your J-1 visa requires two-year home residency, then you must get a waiver of that requirement before you can adjust your status.
Answered on Sep 30th, 2013 at 11:37 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can apply after your J-1 expires. There is no penalty for the late filing.
Answered on Sep 30th, 2013 at 10:33 AM
If you don't have the 2 year requirement, you can stay, provided there no other issues.
Answered on Sep 30th, 2013 at 9:45 AM
Being out of status will not hurt you if you otherwise qualify to adjust status since you married a US citizen. File the I-130 and I-485 as soon as possible.
Answered on Sep 30th, 2013 at 8:24 AM
This gets complicated, so the answers may vary. First, if you did not extend your work visa, then there is no grace period unless you just graduated university in the last 30 to 60 days. Second, once you 'properly file' for adjustment, then you are in status. Some applications are rejected or delayed due to applicant oversights. If you travel while an overstay and are discovered, you 'may' be served a notice and complaint for deportation. This means that you must appear in immigration court. If you are subject to the J1 2 year residence abroad rule, you cannot adjust status unless a waiver is granted.
Answered on Sep 30th, 2013 at 8:24 AM