Legal Question in Immigration Law in District of Columbia

Change of Status

I hold a green card-over 5 years, I recently (Sept.03) applied for citizenship. I am intending to marry a person with visa type A3 (home maid for a diplomat)what is the process of changing her status to green card? Where do I go to apply for her status change and how long is the wait?

if this person cancels her A3 after I apply for her Green Card will she be considered illegal for that duration when INS is processing her green card application?

Can visa type A3 be renewed in the country or one needs to go to her home country?

Thank You.


Asked on 1/21/04, 10:07 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Change of Status

You should be able to pickup the necessary papers

(I-130)to petition to adjust your spouse's status

at the nearest regional office of the Bureau of Citizenship and Immigration Services in your area under the new Department of Homeland Security.

There is no reason for your prospective spouse to

cancel her current A3 visa pending action on her petition for an adjustment of her status based upon her marriage to you, a holder of permanent

residency status. As to how long it might take for your new wife to acquire her green card, you would be best advised to direct this inquiry to your local BCIS office.

If the A3 visa expires while the holder is still in the United States, and no application to adjust the holder's status has been filed, the

holder of the expired visa would most likely have to return to her home country in order to reapply for the A3 type visa.

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Answered on 1/26/04, 12:07 am


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