QUESTION

Can i marry a u.s citizen using my 30days grace period?

Asked on Mar 30th, 2019 on Immigration - Louisiana
More details to this question:
Im a J1 intern and not subject to 2 yr residence. Im currently using ny 30 days grace period. Im 4 months pregnant to my american boyfriend and about to marry next week. Am i eligible to marry him even if my i94 has already expired?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Someone who marries a US citizen is considered an immediate relative under US immigration law, and such individuals are allowed to adjust status even if they have overstayed their visas. In your case, the 30 day grace period is recognized as a period of legal stay. But even if you exceeded it before filing for adjustment of status, you would still be eligible for permanent residence. 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.  
Answered on Apr 27th, 2019 at 8:35 PM

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