Legal Question in Immigration Law in New York
I need help....
i filed for my wife I-130 a few months ego( I'm usc) I got approval notice. last week I received a letter from national visa center to process my wife's case. my. but my wife is already in U.S.A and she came legally but she is overstayed. I want to adjust her status . What can I do now, because i know that the national visa center is for person living abroad. Thank you
4 Answers from Attorneys
Re: I need help....
You can send a written letter to the NVC advising them that your wife is currently in the US and is seeking adjustment of status. The NVC should acknowledge your request and cancel out her immigrant visa application. If you require any assistance with filing your wife's I-485 adjustment application please do not hesitate to contact our office.
Re: I need help....
Your wife needs to file an I-485 to adjust her status. She will also have to complete a medical exam and submit an affidavit of support in connection with the I-485. In addition, she will be eligible to apply for work authorization and possibly a travel document to travel outside of the US depending on how long she has been out of status. Feel free to contact me for more details regarding this process. Thanks.
Re: I need help....
Your wife�s adjustment application should have been filed concurrently with your petition. Your wife is eligible to adjust her status in the U.S. , however legal argument may be needed.
If you need an assistance with an adjustment of status, please contact us.
Re: I need help....
If your spouse is eligible for adjustment of status in the U.S., you may file her application in the U.S. and advise the NVC of such.
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
www.meyner.com
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