Legal Question in Immigration Law in Illinois
Marriage based adjustment of status!?!
Dear Lawyer,
I came to the country in Feb 7 2005 on J-1 visa with 212(e) req. I requested explanation from DoS and 3 months later I received a Letter stating that I'm not subject to req. I got married a month ago, my husband is US citizen by birth. My visa is valid till February and I left my program after our wedding ceremony. My questions:
1. Have I fell out of status since we haven't filled for adjustment of status yet?
2. When is the latest date to fill so I keep my status if I haven't lost it by now?
3. If I start working now and Immigration finds out, what is the penalty and is there any difference if we filled for adjustment or not?
2 Answers from Attorneys
Re: Marriage based adjustment of status!?!
To answer your questions,
(1) because you no longer are participating in your J-1 program, you no longer are in valid nonimmigrant status;
(2) not applicable; and
(3) having worked without authorization is not, in itself, a bar to adjustment of status based on marriage to a citizen, although, like any violation of U.S. law, it can be considered as an negative factor in the adjudicator's determination of whether to grant the adjustment applicant the favorable exercise of his/her (the adjudicator's) discretion; still again, it cannot, by itself, support the withholding of such favorable discretion; the answer to your third question, therefore, is that your case is unlikely to be harmed by any pre-adjustment unauthorized employment, but such employment could harm your case if your case presents additional negative factors.
Contact me if you would like to discuss the terms under which my services can be retained for your case.
Sincerely,
Brian Sather
Re: Marriage based adjustment of status!?!
Sounds like you need to file an adjustment of status. You will receive a temporary work card shortly thereafter, and all of your problems are solved. Yes, you are technically out of status right now because you have not filed the adjustment.
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