Legal Question in Immigration Law in California

F-1 Visa got expired last year. I kept maintaining my legal status through my I-20. And after I-20 got ended, my SEVIS record got terminated 4 months ago. I am getting married soon (maybe within next month).

1) What are my chances to get "work permission" and then a "green card" afterward?(e.g. will I ever be able to get one? Will it take more years than usual because of me being out of status?)

2) Is there a Timeline applies to my case, and if there is what deadlines I have? (e.g. I heard of a 6 months period for being out-of-status and after it the status adjustment will be too difficult, but I am not sure about it)

3) Will it be better for my case if I try first to renew/reactivate my SEVIS record (let say by getting a new I-20) before I get married and before I apply for the status adjustment? or it doesn't matter?

I never dealt with an immigration attorney before and this is my first time. I would like to consider the most helpful (accurate) advice to be able to choose a lawyer.

Thank you in advance.


Asked on 12/01/11, 4:49 pm

1 Answer from Attorneys
Rebecca White Law Office of Rebecca White

You do not mention whether you plan to marry a US citizen or not. Assuming you will be marrying a US citizen, and you have proof of your last legal entry into the US, you can file for the "greencard" - adjustment to permanent residence after you marry. Your US citizen spouse will file an immigrant visa petition at the same time, and the application for adjustment can be filed with an application for employment authorization. From the time of filing it will be 2 - 3 months before an employment card is issued. I can be reached at [email protected] if you have further questions.

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Answered on 12/01/11, 5:12 pm


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