QUESTION
Can my husand apply for I485 (adjustment of status) while awaiting for I130 approval even if Im a permanent resident and not a U.S citizen?
Asked on Sep 01st, 2019 on Immigration - Virginia
More details to this question:
My husband has a visit visa. However only some cases are allowed to apply concurrently for I1485 while I130 is still pending (not yet approved). Can spouses of greencard holders also file concurrently if they are in the U.S?
1 ANSWER
A foreign national who is out of status and married to a US citizen can adjust status even if said foreign national has overstayed his visa. However this privilege of adjusting status to get a green card while out of status is not afforded to a foreign national who is married to a lawful permanent resident. Discuss your case with with counsel for a complete review of the facts of your case so an informed opinion can be reached.
Answered on Sep 01st, 2019 at 2:45 PM