Legal Question in Immigration Law in New York

H1B married to illegal. Can illegal change status?

My wife overstayed a legal visa in the mid 1990s. We married in 2002 (in the USA). I have kept legal status throughout and about to do the I-485 steps. Is there anyway (she did not get in on the 245(i)) to change her status e.g. H-4 so she can, in time do the I-485 steps herself or even better join me in my I-485 application?

Thank you,


Asked on 6/18/07, 3:53 pm

2 Answers from Attorneys
Shahla Khan Law Office of Shahla Khan PLLC

Re: H1B married to illegal. Can illegal change status?

Your wife cannot change her status to H-4 but if she entered legally then she is eligible to adjust as your derivative. If you have an approved I-140 and you are married before your adjustment application was filed she can be a derivative beneficiary. She does not need 245(i).

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Answered on 6/20/07, 9:24 am
Anna Valentini Valentini Law Offices PLLC

Re: H1B married to illegal. Can illegal change status?

Your wife might be eligible to adjust her status to that of a lawful permanent resident (green card holder) after you naturalize. Unfortunately, at this point she can not adjust or change her status due to her prolonged unlawful presence in the US. Should you decide to retain an immigration attorney, I would be happy to help you. Best of luck.

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Answered on 6/18/07, 3:55 pm


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