An applicant for adjustment of status must provide truthful information. Failure to do so can constitute visa fraud and can have very harsh consequences. Generally when a foreign national has entered the U.S. lawfully and with inspection, and later has become married to a U.S. citizen, the couple can succeed with a marriage-based adjustment of status application in the Immediate Relative visa category. This is true regardless of whether the foreign national overstayed an initial visa and regardless of whether the foreign national may have been employed without authorization. Nonetheless, there are many details that have an impact upon eligibility, and there really is no substitute for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
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