QUESTION

O3 Visa and change of status

Asked on Mar 24th, 2023 on Immigration - Texas
More details to this question:
I am on o3 visa and my husband (o1) have been abusive towards me and never cared to provide for me (even though I can't work officially) so I had to move out. I am thinking about divorce but I can't leave the country. Is it possible to get a divorce and re-marry without leaving the country or change the status to work visa if I will be lucky enough to find someone who will employ me officially? I know how weird it may sound from moral point of view but unfortunately I cannot go back to my country right now because of the year long war.
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you marry a US citizen, there is no bar to adjustment of status for overstay. We have successfully adjusted to permanent residence those marrying US citizens who were overstays in the country for years. The main concern is whether the marriage is bona fide. If you are lucky enough to find a position in which you can be sponsored to remain in the US prior to your divorce becoming final, you can apply for a change of status to the eligible category. If you have sufficient means or a financial sponsor, you may decide to attend schooling in the US under a F-1 change of status. You may also check periodically to see whether nationals or residents of your country are eligible for beneficial programs of the US government, such as Temporary Protected Status (TPS) or Deferred Departure. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Apr 16th, 2023 at 2:57 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters