QUESTION
Hi how can i file for adjustment of status? My husband is a U.S citizen permanently disable and i am here via tourist visa only
Asked on May 02nd, 2021 on Immigration - Mississippi
More details to this question:
Hi i was able to come to USA using tourist visa last year 2020 i stay for 9 months (feb to nov) due to covid all my travel plans going back to my country were cancelled and I didnot know as a tourist that I can only stay for 6 months eventhough my visa says 10 years multiple entry Now I am back to USA even the immigration hold me for couple of hours according to them Iam not admissable this time they even cancel my visa for overstaying for 3 months but since they see that my husband was disable they allow me to stay for 1 month and the officer told my husband file for my change of status Having that record of 3 months overstay can I still file for change of status? My husband is a retired vetiran and a US citizen
2 ANSWERS
Rehim Babaoglu
You are eligible to be sponsored for U.S. permanent residency. I do see a possible issue in that your husband is disabled.This will cause a problem where a financial guarantor is needed for the form I-864 contract with the government, known as affidavit of support. You may need to find a qualified cosponsor.
Answered on May 24th, 2021 at 11:18 AM
A US citizen can sponsor a spouse for a green card even though that spouse is out of status on a visitor visa. If you have any grounds of inadmissibility you may need to file a waiver, but more facts would be needed. Discuss your case with counsel anywhere in the United States for possible representation.
Answered on May 03rd, 2021 at 5:20 AM