Legal Question in Immigration Law in Illinois

Can my fiancee adjust status here or has to leave US in order to get the Green C

My fiancee has been living in the US since 2001. He entered US without a visa and was not inspected from a immigration officer. He has been out of status during all this time and also has worked while not having authorization for employment. We have a weding date settled, but in the meantime I want to know if he is going to be able to get the green card while staying in the US after I petition him (as the spouse of US citizen), or will he be required to leave US and wait in his country of nationality to get the green card?.

Thank you


Asked on 1/07/05, 10:10 am

2 Answers from Attorneys
Brian Sather Sather Immigration Law

Re: Can my fiancee adjust status here or has to leave US in order to get the Gre

He will be able to adjust status only if he is eligible to do so under INA Section 245(i), which he may be if a relative or employer filed an immigrant petition or labor certification application for him before May 2001. If he is not 245(i)-eligible, then his application for adjustment of status would be nothing but an invitation to deportation. Furthermore, and in any event, his next departure from the U.S. will trigger an automatic ten-year bar from returning (in other words, if he leaves, he probably will not be able to come back for ten years); this will be the case until he becomes a permanent resident. [Please note that this reply is based only on the limited information supplied in the question; immigration law is extremely fact-specific and detail-dependent; therefore, this reply must not be taken as a substitute for a personal consultation with an attorney.]

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Answered on 1/07/05, 11:30 am
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Can my fiancee adjust status here or has to leave US in order to get the Gre

If you file the petition on behalf of your soon to be husband he will eventually be required to leave to country and go back to his home country for the visa interview. At the time he has his visa interview he will be denied the visa. At that time you will file another petition along with a Hardship Letter.

I am currently reprsenting two other couples in similar circumstances. If you would like to discuss this in greater detail please call my office at 815-254-4719 or email me.

I look forward to hearing from soon.

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Answered on 1/07/05, 7:57 pm


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