Legal Question in Immigration Law in New York

245 i

I have a green card (I am not yet eligible to apply for citizenship). My wife is on HI visa. She is completing her 6 yrs on HI visa in March 2005 and the company will not file for extension. She does not have a green card application filed through her job in past. I had filed green card application for her in March 2001 - the INS is currently working on August 2000 applications in that category.

After her H1 visa finishes in March 2005 - If she continues to stay here illegally (even though the visa is expired) - can she adjust her status to green card based on the application that I have filed?

(The 245I Law would allow her to adjust status here?)

INS is currently working on August 2000 applications. I had filed green card for my wife in March 2001. How long will it take before she gets green card?

Please reply

Thanking you in anticipation.


Asked on 1/17/05, 7:55 pm

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: 245 i

Although your wife may still be able to adjust if she falls out of status there may be alternatives that would keep her legal. Since you have not provided much detail about the dates of filing and when you would be eligible for naturalization it might be advisable to speak to an attorney to see what options are available.

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Answered on 1/18/05, 11:21 am


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