Legal Question in Immigration Law in New York

H1B married to illegal - change illegal's status?

My wife overstayed a legal visa in the mid 1990s. We married in 2002 (in the USA). I have kept legal status throughout and about to do the I-485 steps. Is there anyway (she did not get in on the 245(i)) to change her status e.g. H-4 so she can, in time do the I-485 steps herself or even better join me in my I-485 application?

Thank you,


Asked on 6/18/07, 3:37 pm

1 Answer from Attorneys
Shahla Khan Law Office of Shahla Khan PLLC

Re: H1B married to illegal - change illegal's status?

Your wife can't change to H-4 being out of status, however she may be eligible to join you as a derivative. I can't answer specifically as I need more information as to her exact date of arrival, you mentioned mid 1990s and when did you file you I-140?

Best,

Shahla

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Answered on 6/18/07, 5:24 pm


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