Legal Question in Immigration Law in California

Re: change of status from unlawful presence

If you are intending to leave the country and never return again, I would say do nothing. If you ever want to come back, however, even as far as to visit, she can be refused entry for her lengthy overstay if she does not get a green card before she leaves. There is no reason for a waiver for her overstay if she is married to a USC when applying for Permanent Residence.

Gabriel D. Jack, Esq.

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Re: change of status from unlawful presence

Dear Sir,

Since your spouse has accrued more than 180 days of unlawful status, she will be subject to a 3-year bar to reentry if she leaves before obtaining permanent residence. There is no waiver to apply for, as the marraige cures the overstay. However, there are consequences if she leaves the United States prior to the approval of the I-485.

Sincerely,

Myron R. Morales

[email protected]

Re: change of status from unlawful presence

An alien unlawfully present in the United States for more than 180 days but less than a year, who voluntarily leaves the United States before removal proceedings is barred from admission for three years from the date of departure.

A period of unlawful presence that extends to a year or more renders the alien inadmissible for ten years following departure of any kind.

If you wish to stay in the United States, you should obtain approval of your adjustment of status (via I-485) first or you will be subject to the bar.

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