From OPT to Legal Resident Adjustment of Status

If you are a US citizen, the fact that your husband could not find employment under his OPT approval for over 90 days prior to the I-485 application for adjustment of status being received by U.S.C.I.S. would not matter. Overstaying a visa status is not grounds to reject or deny an adjustment application where the petitioner is a US citizen. However, such may matter if you are a permanent resident as the beneficiary must maintain legal status at all times prior to the filing of the I-485 application. I do note, however, that an immigration officer at the time of interview may very well decide to overlook an application that did not make it by a couple of days, especially in the context of the OPT rule of 90 days. 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.