Legal Question in Immigration Law in North Carolina

I came to the US twice as a J-1 exchange student(not subject to the two year condition rule) and met a wonderful man whom I married in october 2009.The marriage took place before my i-94 expired however I have overstayed for about 3 months now since it took us some time to fill out all of the forms,gather the documents etc.We were told that since he is petitioning for me as an immediate relative I-130 that I am eligible to file form I-485 even though I have overstayed.I would appreciate your feedback.Thank you


Asked on 2/28/10, 11:56 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Yes, if you are not subject to J-1 2-year foreign residence requirement, you can file the I-485 concurrently with your husband's petition I-130, plus some other applications, provided that you have all necessary evidence and documents ready, and he can sponsor you.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

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, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 3/06/10, 9:08 am


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