Legal Question in Immigration Law in Nevada

Re: immigation

You may able to adjust your status to permanent residence ("green card") without having to go back to England. Your husband needs to file an application and then you will be able to get a work permit and eventually a "green card". The process takes approximately 6-7 months.

Re: immigation

You need to file a marraige petition along with your green card application (if eligible) with USCIS immediately. If you do not file any paper work and remain in the US, and later run into problems with immigration, you will not be given a chance to go in front of an immigration judge, but rather you will be sent back to the UK.

I recommend contacting an attorney to discuss the process. Feel free to contact my office directly.

Re: immigation

From the facts, you may be able to adjust your status as long as a petition is available for you as an immediate relative. Since you are married to a U.S. citizen, you are an immediate relative; this means your spouse and you should file an adjustment package. Could have done so some time ago and I wonder why you didn't consult with an immigration attorney, unless you were waiting for your spouse to become a citizen. Nevertheless, the law would allow you to file despite your arrival under the visa waiver program. This only applies because you are an immediate relative and a petition would be "immediately" available. Would not apply if your spouse was a lawful permanent resident, in which case you would have to return to UK and consular process and file a waiver for any unlawful presence. Get a good immigration lawyer.

Re: immigation

From the facts, you may be able to adjust your status as long as a petition is available for you as an immediate relative. Since you are married to a U.S. citizen, you are an immediate relative; this means your spouse and you should file an adjustment package. Could have done so some time ago and I wonder why you didn't consult with an immigration attorney, unless you were waiting for your spouse to become a citizen. Nevertheless, the law would allow you to file despite your arrival under the visa waiver program. This only applies because you are an immediate relative and a petition would be "immediately" available. Would not apply if your spouse was a lawful permanent resident, in which case you would have to return to UK and consular process and file a waiver for any unlawful presence. Get a good immigration lawyer.

Re: immigation

This is the type of situation we all like because we can help you. You can get legal without having to leave. Contact us if you want assistance adjusting status. Our immigration attorneys help clients around the world with this process.