Legal Question in Immigration Law in California

My husband and I have been legally in the US with O Visas. My husband had an O-1 Visa and I an O-3 through him. My husband got a Green Card a few months ago and we filed for an F2A Green Card for me. My O-1 Visa is still valid for another 2 years, however the USCIS said in a letter that I cannot adjust status in the US, I have to go through consular processing. Is that true? Isn't my O-3 Visa still valid? Or because my husband doesn't have an O-1 anymore that makes my O-3 visa invalid as well? Please advise if my O-3 visa is considered as valid or if I am now considered to be "out of status". Thank you so much for your advice!

Asked on 5/09/14, 5:18 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

0 users found helpful

0 attorneys agreed

Did you use an attorney, because you filed incorrectly. You should have filed with your husband as a dependent beneficiary. Your husband lost O-1 status once he adjusted, so your status automatically terminated. Now you have illegal presence & you cannot adjust. And, if you accrue 180 days or more of illegal presence, you won't be able to consular process.

I advise hiring an experienced immigration attorney to try to sort out this mess.

Answered on 5/09/14, 5:32 pm

Mark as helpful