QUESTION
Can I apply again for a visa if I am disabled and newly wed?
Asked on Jul 16th, 2011 on Immigration - California
More details to this question:
I am married to a Turkish citizen for 6+ years and I have recently become disables. He came over on a Class C Crewman’s Visa. 6 Years ago, I was given legal advice that it was not possible when we were first married. Does the length of the marriage and my new disabled status allow for us to apply? His visa is expired and he entered the country legally.
5 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If he came on a crewman visa, does not matter how long ago,he may not adjust status. He will need to go back to his home country and apply for a waiver. Obviously, your health condition will be an important factor in deciding the waiver.
Answered on Aug 01st, 2011 at 6:37 AM
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Because he was a crewman he will not be able to adjust, but there may be a way to obtain humanitarian parole based on your disability. If that is granted he would then be able to adjust.
Answered on Jul 28th, 2011 at 11:24 AM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
Unfortunately a C visa does not allow for a change of status. If your husband left you could apply for a waiver. The length of your marriage and the disability will be taken into account. A waiver, however, is discretionary and is time consuming.
Answered on Jul 27th, 2011 at 2:28 PM
Your husband cannot apply for legal status through your marriage because of the status in which he entered the U.S. He only can apply for an immigrant visa at a U.S. Consulate once the Immigration Service approved a visa petition that you filed for him. However, his leaving the U.S. will bar him from being granted an immigrant visa for 10 years unless he qualifies for a waiver of the bar. For the waiver he must demonstrate hardship to you if you are not allowed to live with him in the U.S. Your disability will be considered in the context of the waiver application and may give him a good case to have the bar waived.
Answered on Jul 26th, 2011 at 6:38 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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C visa holder cannot change status or adjust status to permanent resident unless protected by 245i(must be in the US on or before 12/20/2000 and immigrant visa petition or labor certification was filed for the alien). Based on the information you provided, he is not protected by 245i and therefore he cannot adjust his status. After he have lived in the US for 10 years he may file for cancellation of removal.
Answered on Jul 26th, 2011 at 6:00 AM