Legal Question in Immigration Law in New Jersey

I have a few questions on my immigration situation. When I marry my girl friend who is a B2 Visa overstay by 5 years and file the petition to adjust her status we will receive a receipt of the petition. What are the chances of USCIS trying to detain and deport her when she goes in for her biometrics(fingerprints)? And while her case is in process and we are waiting to be notified for both of us to be interviewed by USCIS, what if we are pulled over by the cops one day and they find out she's out of status? Can they still try and deport her even if her case for adjustment of status is pending? I'm asking this because until the she is approved for a green card at the USCIS interview she is technically still illegally present. For proof of support can I show my check stubs instead of a W2? How many months do we have to wait from the day we file the forms to the day of our interview with the USCIS agent who approves the green cards? How man interviews will we have to go through? Is there anything she can do to receive authorization to legally work while her case is in process or will she have to wait until she get her green card?


Asked on 7/24/11, 1:04 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You can sponsor and your wife (when you are married) can adjust status in the U.S. since she entered the U.S. legally even though she has overstayed her authorized visit. See www.h1b1.com/Uscitizen.htm

We have never come across a case where someone has been detained simply due to filing of the sponsorship paperwork or appearing for biometrics, etc. without aggravating factors such as conviction for felony. Incidentally, although she is technically removable until she receives her green card, a bona fide marriage to a U.S. citizen provides relief from removal.

It will take about 2 to 3 months after all sponsorship paperwork is filed before your wife will receive EAD (employment authorization document). The marriage interview is typically scheduled between 4 months and one year after all sponsorship paperwork has been filed. She should not travel outside the U.S. until she receives either conditional or permanent resident status. Travel outside the U.S. prior to the appropriate time will bar her from entering the U.S. for 10 years.

You can contact our immigration law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

Read more
Answered on 7/24/11, 5:54 am


Related Questions & Answers

More Immigration Law questions and answers in New Jersey