Legal Question in Immigration Law in North Carolina

I have a few questions about an adjustment of status. If you answer, please know that you are helping me tremendously through a difficult time, and I thank you in advance.

a) My wife entered legally as a child with her parents through either a work or visitor's visa. (Don't have it right in front of me) Even though it was about 15 years ago, she is still eligible for an adjustment, correct?

b) How long does the process take from start to finish? Is the end result a green card? How do we go from green card to citizen? How long after we apply can she start to work?

c) Having a stamped passport would be enough to prove she entered legally, correct?

d) How often do people with clean criminal records get declined for an adjustment? In other words, what are the chances she will be denied?

e) My work does not leave me available to meet with a lawyer face to face. I can perhaps meet once or twice in person, but could everything else be done by phone, and with my wife showing up at the lawyers office?


Asked on 7/12/10, 12:28 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

I will answer some of the questions briefly.

a) Yes, it might be possible, provided that she has a proof of lawful admission to USA.

b) If eligible and no any legal or inadmissibility issues, it takes about 4-8 months to become a conditional resident (if married for less than 2 years), or permanent resident (if married for over 2 years). If conditional resident, will need to apply to remove conditions in the future.

c) Not always. She needs to have a visa, stamp and I-94 card. I need to see copies of all passport pages with visas, stamps, writings and I-94 card.

d) Denial can happen for many different reasons.

e) I work with clients from all 50 States. I represent them in front of the USCIS, and no face-to-face meeting is required. Yes, all communications between a client and a lawyer can be through internet (email) and phone. There are people who prefer to have a local lawyer, so they can visit them in the office. While many others don't have this need. Immigration law is federal law and is the same around the country. The USCIS' preferred method of communication is also phone and email/web.

If you need assistance, please email to schedule an email or phone consult.

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. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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Answered on 7/12/10, 3:54 pm


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