QUESTION
My question is, can i apply for ajdustment of status and get my green card?
Asked on Sep 05th, 2013 on Immigration - Florida
More details to this question:
Hello, I'm French, i'm in Amรฉrica since October 2012, i came with a tourist visa, then i met my girlfriend, fall in love with her and i didnt want to go back in France. I got married a few days ago with her... My question is, can i apply for ajdustment of status and get my green card? My wife is Cuban CU6 permanent resident for 10 years. Thanks a lot for your help.
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You may be able to apply for adjustment of status now as long as you are still maintaining legal nonimmigrant status in the country. For the month of September 2013, visa availability is current for spouses and unmarried children of permanent residents under the F-2A category. As long as visa availability exists, I-485 applications for adjustment of status to permanent residence can be submitted to U.S.C.I.S. In the event that you are no longer legal, you would likely have to wait until your wife becomes a US citizen before you would be again eligible for adjustment of status. That is because you would then fall into a more favored category, that of immediate relative, which does not require that you maintain status in order to file an I-485 application.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.
Answered on Sep 11th, 2013 at 9:40 PM
2 Awards
You wife will need to become a US citizen before you can adjust your status. She can petition for you as a permanent resident, but you aren't eligible to adjust status if your wife is not a US citizen.
Answered on Sep 06th, 2013 at 11:46 AM