Legal Question in Immigration Law in New York

Re: Adjustment of Status for an overstay through marriage

The foreign national would not have to leave the U.S. under these circumstances and is eligible to adjust status to that of a U.S. permanent resident. In fact a departure (even if issued a travel document) would trigger the bar.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Re: Adjustment of Status for an overstay through marriage

The alien should file as quickly as possible and stay here during the process.

Re: Adjustment of Status for an overstay through marriage

If the individual leaves the US they will be subject to the 10 year bar. The adjustment of status is conducted in the US and the individual shouldn't go anywhere until it is complete to avoid the 10 year ban. Advanced parole and work authorization can be applied for when seeking adjustment of status. Even if advanced parole were granted I would strongly recommend not leaving the country in light of your circumstances. Please let me know if you have additional questions concerning the matter. Thanks.