Legal Question in Immigration Law in New York

hi there. i am married to a us citizen. we have been married for almost 3 years. we did not start filing any paper work. my husband was recently incarcerated. his sentence will possibly be 1 year. can i start the immigration process with him in prison?


Asked on 5/03/10, 10:12 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

No, you can't start the process of adjustment of status by yourself. A US citizen husband has to petition AND sponsor you. He also has to attend the interview with you. In addition, assuming that you are in unlawful immigrant status, there could be some other issues when filing the petitions with the USCIS.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 5/08/10, 10:53 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

The answer to your question will depend on many circumstances. Typically, US Citizen spouse has to sign documents and attend an interview with his/her immigrant spouse.

Recently I won 2 cases where US Citizen was incarcerated and could not attend interview. However, I will need to know many other details before telling you more affirmatively.

You can contact our office if you wish to further discuss your case.

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Answered on 5/10/10, 8:34 am


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