Legal Question in Immigration Law in Michigan

Re: Lost H1-b status -- Can I still apply for marriage based green card?

You're right that quitting your job violated your H-1b status. Furthermore, until you apply for adjustment of status, you will be present in violation of law, and you will be subject to deportation. However, the status violation, in itself, will not be an obstacle to your application for adjustment of status based on marriage to a U.S. citizen.

Whether you will encounter other obstacles, and indeed whether you should apply for adjustment at all, are questions that cannot be answered without a lot more information. However, my guess is that you'll be fine -- you probably are about three months away from work and travel authorization (if you want one or both), and a year or so away from becoming a permanent resident.

You should contact me if you would like to discuss the terms under which I would represent and advise you and your husband.

Re: Lost H1-b status -- Can I still apply for marriage based green card?

We offer a free electronic consultation for cases like yours. Please visit our website for details at www.usa-immigrationattorney.com

Re: Lost H1-b status -- Can I still apply for marriage based green card?

You should be fine if you file for adjustment of status and accompanying petitions (work authorization, travel documents) very soon. If you came into the U.S. with a visa, and you only recently lost your H-1B status due to lack of employment, then this should not present too much of a problem, however, you should not wait and take your time to file your case for permanent residence. The whole analysis is qualitative, and not quantitative.

The United Citizenship and Immigration Service ("USCIS") states that if one is "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the U.S. even if they may have done any of the following: (1) worked without permission; (2) remained in the U.S. past the period of lawful admission and filed for adjustment of status while in an unlawful status because of that; (3) failed to maintain lawful status with the proper immigration documentation; or (4) have been admitted as a visitor without a visa (15-day admission under the Guam visa waiver program/90-day admission under the Visa Waiver Program).

However, the USCIS also states that if a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being �inspected and admitted or paroled into the United States.�

There are other various, less common reasons for ineligibility to adjust to permanent resident status, such as: (1) You entered the U.S. while you were in transit; (2) You entered the U.S. while you were a crewman; (3) You were not admitted or paroled into the U.S. after being inspected by an Immigration Inspector; (4) You are employed in the U.S. without USCIS authorization or you are no longer legally in the country (does not apply to you if: (a) You are the immediate relative of a U.S. citizen or (b) certain foreign medical graduates, international organization employees and family members; (5) You are a J-1/J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement; (6) You have A, E, or G status, or have a job that allows you this status; (7) You were admitted to Guam as a visitor under the Guam Visa Waiver Program (does not apply to immediate relatives); (8) You were admitted into the U.S. as a visitor under the Visa Waiver Program (does not apply if you are the immediate relative of a U.S. citizen); (9) You are already a conditional permanent resident; and (10) You were admitted as a K-1 fianc� but did not marry the U.S. citizen who filed the petition for you, or admitted as the K-2 child of a fianc� and your parent did not marry the U.S. citizen who filed the petition for you.

If you have any other questions or concerns, please contact one of our Attorneys at (212) 618-1830.

Re: Lost H1-b status -- Can I still apply for marriage based green card?

From t he facts you have provided, it sounds like you should have no problem with obtaining your green card if the only immigration violation you have is that you are out of status due to the H-1B issue. You will be able to get work authorization, if you want it but depending on how long ago your status was terminated/violated, you should not request travel permission, as that could complicate matters. Please call us if you have any questions. Our phone number is (248) 619-0065. We are now located in Troy, and Detroit, Michigan.

Re: Lost H1-b status -- Can I still apply for marriage based green card?

If not keeping legal H1B status is your only violation, you can still apply for permanent resident based on marrying USC. Your case should be approved in several months if all the paperworks are filed the right way.