(Closed) Can You Say Immigration ANXIETY!?

posted 9 years ago in Legal
Post # 3
Member
180 posts
Blushing bee
  • Wedding: February 2010

You should consult with a lawyer in any event, but if your husband was here with a student visa and he remained in the country you should be allowed to “adjust his status” (to resident via marriage). Please not try to leave the country (even to Puerto Rico, it is out of the country for him) until all of this is figured out. I am going through the same process with my fiance (or will be soon) and I would really recommend you hire a lawyer. It should be about $1,000 (I know the fees are around $2k) but at the very least have one consultation with one, which in most cases would be free (they’ll tell you if it isn’t).

Post # 4
Member
180 posts
Blushing bee
  • Wedding: February 2010

The technical language for people who are able to adjust their status even though they are currently in the country illegally is that they had to have been “paroled” into the country. That usually means a stamp on your passport saying you once entered the country legally (through a student visa or a visitor’s visa or something) and later “overstayed” the visa.

Post # 5
Hostess
18637 posts
Honey Beekeeper
  • Wedding: June 2009

I would contact a lawyer too.  I don’t know anything about immigration but I hope that since you are married, they can’t just deport him!  Good luck!

Post # 6
Member
2394 posts
Buzzing bee
  • Wedding: April 2010

You need to contact an immigration lawyer ASAP, as he or she will be able to advise you best re: the specifics of your situation.  It does sound, though that you are going to have to do some explaining to the USCIS, since your husband appears to have spent time in the US without permission.

Adjusting from F-1 to permanent resident status is tricky, but the main thing is that you should avoid traveling abroad at all costs.  At the very least, you will need to wait until you are issued a document called an Advance Parole, the application for which is included in the “suite” of forms you file as part of the adjustment of status.

Edited to add:  Also, it’s important to note that the correct nonimmigrant, employment-based visa classification will depend not only on your Fiance and his qualifications, but the nature of the position for which he is applying.  Some classifications, like the H-1B are numerically “capped” per fiscal year and issued on a first come, first-serve basis, and if you miss out one year you must submit a fresh petition for the next go ’round.  There is no line.

Post # 7
Member
180 posts
Blushing bee
  • Wedding: February 2010

Ok, I’m a lawyer and have dealt with immigration issues but I am not an immigration lawyer and this is not legal advice 🙂  I would definitely urge you to consult an immigration lawyer in your area. You might be able to find free clinics. The USCIS website has information about immigration lawyers throughout the country.

That said, here is what I think. I wonder why they told him he couldn’t apply for a visa through employment right now. The only way I’ve heard of people not being able to get a green card right away through marriage is either because (1) the immigrant spouse was not paroled into the country (i.e., they “crossed the border) or (2) the immigrant spouse had a J-1 exchange visitor with a requirement that the immigrant return to their home country for two years after expiration of the J-1. That requirement can be waived but there’s an application.

Perhaps the employment visa that he was requesting was an H1-B? Those are in short supply and many times you have to wait a year or two to get one (you have to get in line). If so, the fact that they couldn’t process his application right now (because they ran out of visas to give for the year) wouldn’t have anything to do with the marriage.

I hope that helps, but I really really recommend you go see an immigration lawyer 🙂

Post # 9
Member
2394 posts
Buzzing bee
  • Wedding: April 2010

Edited:  Wait, sorry, I was wrong.

 

Yay!

Post # 10
Hostess
18637 posts
Honey Beekeeper
  • Wedding: June 2009

That’s great!  I guess they like it when you enter the country legally.

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