Legal Question in Immigration Law in New Jersey

change of status

can an asylum applicant (haiti) change their status for a green card based on marriage to a us citizen? the applicant has been in america for over 5 months. if so how do you go about changing the status.


Asked on 1/17/06, 6:17 pm

2 Answers from Attorneys

Husna Alikhan Alikhan Law Office, LLC

Re: change of status

If s/he entered with inspection [ie. B-1 visa or any other visa] s/he's USC spouse may submit I-130 and I-485 [with supporting documentation and fees] at their service center. If they entered illegally / without inspection, than they must consular process and the applicant would have to attend interview in his/her country of nationality - please check on potential Bars to re-entry with attorney in this case. Relevant immigration offices must be advised of the requested change of status after the petitions are submitted and assigned receipt numbers. To schedule a consultation, please call contact us at [email protected]

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Answered on 1/18/06, 11:32 am
Deborah Frankel Deborah Frankel

Re: change of status

YES- But depends on whether you came to the US

legally or whether you had a removal or deportation proceeding.

I need the answer to the above question first, before advising you regarding how you could go about changing your status.

Please contact myself or my law colleague in Manhattan, Attorney Allen Kaye, @ [email protected].

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Answered on 1/19/06, 9:23 am


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