Legal Question in Immigration Law in Virginia

Greencard Application For Out of Status

I came here in the US as H1-B visa holder in 2000 but unfortunately I got laid off and wasnt able to get another job. I decided to stay here in the US even if my visa expired 3 years ago. Last year, I got married to a Filipino who has a valid working visa (H1-B).

My husband is now filing for a greencard through his employer. My question is, Is it possible for him to include me in his application even if I am out of status/ illegally staying here?

Is there a hope and chance for me to have a greencard without going home in the Philippines?

Thank you very much and hope you answer my question.


Asked on 6/20/07, 2:33 pm

1 Answer from Attorneys
Husna Alikhan Alikhan Law Office, LLC

Re: Greencard Application For Out of Status

You may apply for adjustment [greencard] from WITHIN the USA, only if, your spouse is a United States citizen. In other words, because you have been out of status, you would have to leave the USA to be included on your spouse's green card petition. If you leave, you face a ten year bar to re-entry since you remained out of status for over one year. As stated above, if you do not wish to leave USA and face the re-entry bar, you must wait until your spouse becomes a USA citizen before you can be sponsored.

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Answered on 6/20/07, 5:12 pm


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