QUESTION
Can I still adjust my immigration status?
Asked on Apr 29th, 2014 on Immigration - Michigan
More details to this question:
I overstayed my B1 visitor visa. I married my U.S. citizen boyfriend and he filled I-130 petition for me. He did not file I-485 as yet. I-130 was approved, but states I'm not eligible to adjust status. Also the notice states if I think I'm eligible, I should contact local USCIS office.
9 ANSWERS
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
You can file for your adjustment of status while in the US.
Answered on May 02nd, 2014 at 6:15 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
It seems you may be eligible. But there are whole lot of inadmissibility issues that an attorney would consider in any adjustment case. Immigration matters are complicated and sometimes the damage may not be repairable.
Answered on May 02nd, 2014 at 6:15 PM
Employment & Labor Attorney serving Culver City, CA
at
Law Offices of Christine Green
Update Your Profile
Typically a visa overstay can adjust status immediately by getting married to a US citizen because he/she is considered an immediate relative. However, you may be inadmissible for other reasons. I suggest you consult with an immigration attorney who can review the denial notice and guide you on how to proceed.
Answered on May 02nd, 2014 at 6:15 PM
Bruce A. Coane
An overstay on a B-1, who is married to a USA citizen, can immediately file an I-485 etc with their approved I-130.
Answered on May 02nd, 2014 at 6:15 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
You should file I-485 as soon as possible. You are eligible based on your posting.
Answered on May 02nd, 2014 at 6:15 PM
If you entered the U.S. lawfully and can prove that lawful entry and area tried to a U.S. citizen you are eligible to adjust status and could have filed it concurrently with i130. If i130 is approved you can file as now.
Answered on May 02nd, 2014 at 6:15 PM
As an immediate relative, you should be able to adjust status because you were inspected when you came in as a B-1.
Answered on May 02nd, 2014 at 6:14 PM
Adebola O. Asekun
Unless there are other issues involved, as the spouse of a U.S. citizen who came to the U.S. with a B1 /B2 visa, even if it has expired, you should be eligible to adjust status (green card). Given the fact pattern you described, I would not know why you cannot adjust. Please seek an attorney consultation regarding your eligibility.
Answered on May 02nd, 2014 at 6:14 PM
International Law Attorney serving West Los Angeles, CA
at
JQK Law Firm
Update Your Profile
Based on the facts you provided, you should be eligible to adjust status in the US. An attorney would have to review your case history to see if there were any other bars to adjustment. However, barring any other issues, you should contact USCIS to explain this issue.
Answered on May 02nd, 2014 at 6:14 PM