Legal Question in Immigration Law in New York

Change of Status

Good day! I got married to an American citizen recently, what are the steps I should do to change my status...but i already have overstayed (i'm out of status right now) but i came in legally with a visitor's visa (i still have my i-94.Will it be a problem? Also we have a child together. Please advice...Thank you


Asked on 2/14/05, 4:29 pm

3 Answers from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Change of Status

As the other attorneys noted, since you have entered the U.S. on a valid visa, you may be able to qualify for an adjustment of status and apply for a "green card" without having to leave the country. While spouses of U.S. citizens are excused from having to comply with some of the requirements for adjustment (such as visa overstay you seem to have incurred), other requirements of admissibility still apply and you would need to verify that you satisfy them before applying. Your spouse will also have to sign a support affidavit for you as part of the application process and have sufficient income (or assets) under immigration laws. If you have questions about the process, feel free to contact my office.

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Answered on 2/15/05, 4:32 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Re: Change of Status

Hi,

Since you entered the U.S. legally, and you are married to a U.S. citizen, all paperwork can be filed together with the USCIS. You will not have to leave the U.S. and there will be no penalty fee.

You will receive employment authorization in 3 months, and the marriage interview will be scheduled a few months after that.

You are welcome to call our law firm at 212-268-3580 to discuss further. Our website is www.h1b1.com

Regards,

Ajay K. Arora, Esq.

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Answered on 2/15/05, 9:39 am
Elsa Ayoub GLEASON & KOATZ, LLP

Re: Change of Status

Your spouse must file a petition for you so that you may adjust status. If you would like additional information you may contact me at 212-986-1544.

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Answered on 2/15/05, 10:43 am


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