Legal Question in Immigration Law in California

Re: Marriage to an ''out of status'' alien

You're in luck. After you're married, she can adjust her status and receive a work permit. The 10-year bar won't be applicable to her. It doesn't matter where you get married. The overstay of the B-2 will not be a big deal in the end.

I recommend you contact my office to represent you in preparing the paperworks.

Liem Doan, Esq.

Re: Marriage to an ''out of status'' alien

Your spouse should be safe in adjusting her status.

At the moment, I have a client who is married to a U.S. citizen and we are adjusting her status to that of a green card holder. The immigrant was supposed to return to her country of origin in 1997, but she stayed and married a citizen in 2001.

Even though she has overstayed for 4 years on her visitor's visa, she can adjust her status as long as she is doing it "while physically present in the United States."

Therefore, if you were trying to adjust your status while in a physically removed from the United States, your spouse would be barred or inadmissible under the "10-year bar."

Why the significant difference? I believe it has to do with the fact that denying someone admission is easier and less costly, than physically deporting an individual present in the United States.

With that said, you and your spouse should be fine and aside from the usual filing fees, you and your relative should not have any difficulty.

Please feel free send me an e-mail if you need any clarification on the above mentioned or if you need any legal assistance. I will respond the same day.

Good luck

Khach (pronounced "Catch") Akhkashian

Re: Marriage to an ''out of status'' alien

You're in pretty good shape. Provided she isn't involved in an immigration court case, you can file a visa petition for her to register her as your wife, and at the same time she can file for her adjustment of status to seek lawful permanent resident status. She can get employment authorization based on this application too. The local INS office having jurisdiction over where you live should accept both applications.

I suggest against her planning to travel abroad while her application is pending.