QUESTION

Can I still be eligible to adjust status in the US because I am presently married to a US citizen?

Asked on Oct 31st, 2016 on Immigration - Texas
More details to this question:
I misplaced my passport with my current visa in it.
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2 ANSWERS

Technically, you may still be eligible for adjustment of status as long as you can establish to USCIS' satisfaction that you entered the United States with inspection.
Answered on Nov 30th, 2016 at 4:24 PM

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Immigration Law Attorney serving Atlanta, GA
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Generally, a foreign national who entered the U.S. lawfully and with inspection, such as with a nonimmigrant visa, and who becomes married to a U.S. citizen, is eligible to apply for adjustment of status in the marriage-based Immediate Relative visa category, notwithstanding that the foreign national lost his/her passport with evidence of the visa. There are many more details that address eligibility, and it would be wise for you and your spouse to consult with an immigration attorney, who, after learning all of the relevant information about you, your immigration-related history, your marriage, etc. should be able to advise you about immigration eligibilities, options and strategies and should be able to offer legal representation in the often quite complex application process.
Answered on Nov 30th, 2016 at 4:24 PM

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