QUESTION
Can a alien who entered U.S.A Legally under a visitor visa change status for permanent residency if the 1-94 is expired?
Asked on Jun 03rd, 2014 on Immigration - Oregon
More details to this question:
- Allien who entered the U.S legally under a visitor visa valid for 10 year multiple entries . - Had no desire to stay and proof of strings to his/her home country -The alien was enrolled in college in his/her home country -The Alien has a child on his/her home country under 7 years old - Got married in the U.S with a U.S citizen (born and raised) which he/she didn't know before entered the country -Both had plans to live in the alien's country but decided to stay due family issues - The alien is expecting a child - i-94 expired for less than 6 months?
1 ANSWER
Hello,
If you entered the U.S. legally on a visitor's visa, I am assuming you mean a B1/B-2 visitor visa, and you are married to a U.S. citizen, you should be able to file for your green card even though your I-94 has expired. You will be required to show the USCIS proof that you entered the U.S. legally and so you may want to keep your passport and visitor's visa in a safe place until you file. Our law office has filed many cases like yours without any problems however it is still a good idea to speak to a local attorney in your city and show them your entry visa before you file for the green card. Good luck.
Disclaimer: The answers to frequently asked questions are based on limited information available to us. The answer provided is of a general nature and does not establish an attorney - client relationship. It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.
Answered on Jun 04th, 2014 at 4:15 PM