Permanent resident filed I-130 for husband who entered the USA having B2 visa. Petition has been approved in February 1 2013. What should I do?
Asked on Sep 11th, 2013 on Immigration - Pennsylvania
More details to this question:
His visa was expired 02.11.2013. We get married in October 2012. He stays in USA because I had medical problem: miscarriage. Now I am pregnant again (21 weeks) but I have toxicoses and he continue to stay in USA. Should I fill out I-485, I-765, and I-864 with local USCIS.
If your husband's B-2 status has truly expired, he would generally not be eligible for adjustment of status through form I-485. I assume that when you speak of his visa expiring, you are referring to his status in the states and not just to the visa in his passport. The Department of Homeland Security controls an individual's period of stay in the US. The visa in the passport issued by the Department of State only regulates the period of time during which an individual can enter the country. But if his status expired on February 11, 2013, he would not be eligible to adjust status unless you became a US citizen. By the same token, he would already have remained in the States for over 180 days, which would subject him to a three-year bar on return if he left the US at this time.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.
He won't be able to adjust status because he is out of status, so he'll have to leave the US and process his I-130 at a US consulate. However, once he leaves the US, he'll be subject to a bar because of his overstay. To return, he'll need to apply for a waiver of that bar. Since the overstay was caused by your medical condiction, the waiver is likely to be granted, but that is still the process you must follow.
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