Legal Question in Immigration Law in California

is it true that the application for adjustment of status is only needed when my wife (the beneficiary) is in the U.S. That means if she is in the foreign country, I don't have to file this application, right?


Asked on 9/15/09, 1:47 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

If a beneficiary is abroad, you don't need to file this application. That's right.

Sometimes, people who are physically in USA may not be eligible for adjustment of status.

Web: www.law-visa-usa.com

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Answered on 9/15/09, 1:49 pm
Jennifer Brill

Yes, that is right. If you have filed an I-130 visa petition for your wife who is currently living abroad, then she would have consular processing for her visa at the US Consulate abroad. The materials are first sent to the national visa center and then to the US Consulate. I'd be happy to assist you if you have further questions. You may write at [email protected].

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Answered on 9/15/09, 1:59 pm


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