Legal Question in Immigration Law in Illinois

Hi,

I legally came to US in Oct 2009 on Visit visa, i stayed for 3 months and then applied for a change in visa to student visa through the student exchange program. I got a reply after 2 months and was rejected. I continued staying in the US thus my I-94 expired. After 4 months of staying without status, i married a US citizen. I did not marry my wife with the intention of getting a green card. I have a lot of stuff involving pictures and videos of my marriage with all my relative and family members in there to proof that it is a proper marriage and not a fake one. secondly I am an Asian from India, my wife is also from India so that also proofs that its not fake as i married a girl from the same ethnicity .

I want to ask that can my spouse sponsor me to change my status to green card and will the rejection of the student visa which is also mentioned on the back of my I-94 card(which says I-539 COS/EOS Denied) have any effect on it. Can you please tell me the procedure my wife need to follow (in detail) on how to sponsor me. (Me and my wife are both living in the US together right now).

An early reply would be appreciated .

Thanking You.


Asked on 10/02/10, 10:09 pm

3 Answers from Attorneys
Charles Medina Law Office of Charles Medina

You might apply for green card through your US citizen wife's petition, even you overstayed. We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 10/07/10, 10:20 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

As you initially entered the U.S. legally, even if there have been subsequent violations later, and even if I-94 states no change of status or extension of status, you can be sponsored by your wife and all sponsorship paperwork can be filed concurrently with the USCIS including the immigrant petition, and your adjustment of status and employment authorization applications.

Please call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 10/08/10, 6:23 am
Luba Smal Smal Immigration Law Office

Yes, your wife can petition and sponsor you and you apply for adjustment of status concurrently, provided that you were not referred to Immigraion Court when your application was denied.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/08/10, 7:43 am


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