QUESTION
Can I get an adjustment of status by marriage?
Asked on Apr 28th, 2011 on Immigration - California
More details to this question:
I was brought to the US by the back doors, when I was 7, can I adjust my status? I've been married to an American citizen for 3 1/2 years and we have 2 children. I graduated from high school, and have never been arrested.
2 ANSWERS
William C. Gosnell
Yes have your American wife file an I-130. request a visa stayed married for two more years then you can move to the next step.
Answered on Apr 29th, 2011 at 3:35 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
Unless you entered the US legally, or are protected under INA Section 245(i) you cannot adjust your status in the US. To be protected under Section 245(i) you have to be a primary or derivative beneficiary of a petition or labor certification application filed before April 30, 2001. There are other requirements, including physical presence in the US if the petition was filed after January 12, 1998.
Answered on Apr 29th, 2011 at 11:20 AM