Legal Question in Immigration Law in California

I am an overstayed tourist visa holder since I was 11 years old, have never left the country and I had graduated high school here. I married my U.S. citizen husband in 2010. We want to get a divorce due to irreconcilable differences. We have a daughter together. We are in good terms now since we separated in May 2014. We haven't filed for divorce or legal separation yet. We want to file for divorce and eventually remarry someone else. Will I still be able to file for adjustment of status in the future even if nothing happened during my first marriage?


Asked on 3/03/15, 8:31 pm

3 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call me at (212) 968-8600. Kind regards, RDM

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Answered on 3/04/15, 2:36 am
Philip Eichorn Hammond Law Group

Hi. Based on the fact pattern you provided, there are several options for you. However, some more information on your education, employment and criminal history (or lack thereof) is necessary to fully flesh out a strategy for obtaining status or at least providing a layer of protection for you from removal. Please contact counsel and discuss with them.

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Answered on 3/04/15, 6:15 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

As long as you had a valid entry & you have no criminal record or other issues that would make you "inadmissible", then you should be able to file for adjustment of status if you marry a U.S. citizen in the future.

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Answered on 3/04/15, 1:21 pm


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