Legal Question in Immigration Law in North Carolina

Adjustment of status help?

My fiancee's parents came here on a visa (not sure if work or visitors visa) about 15 years ago. They never left, and now I want her to become a resident and go to college after we get married. I was told we need to file for an adjustment of status by a friend. She has a social security card, which says 'not valid for work' and she has never had any legal problems. She even has her original passport with some stamp on it saying they came in legally. We have been together for 6 years now, and I just worry everyday that something bad will happen. We're in North Carolina, and she is not from Mexico, if that helps. What should we do? What are her chances of becoming a resident? Thanks.


Asked on 2/27/09, 7:17 pm

3 Answers from Attorneys

Philip Eichorn Hammond Law Group

Re: Adjustment of status help?

Based on the facts presented and barring any other eligiblity issues, your marriage will likely confer permanent resident status on your fiance.

Contact an immigration attorney who can assist you in the preparation and filing of the application and required supporting documents.

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Answered on 3/01/09, 3:39 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Adjustment of status help?

Okay young man -- listen closely. You have been together for 6 years. If you love each other, get married, quickly, okay. There is a reason: timing is everything! Now, presuming you are both of an age where you can make your own decision to marry, and that the facts are as you state, you go get your marriage license -- she doesn't have to be documented for that -- get married, and when you get the marriage certificate, within a day or so you get yourself to a GOOD immigration attorney. You will then file what is called a "one-step" adjustment package: this includes a form I-130 - alien relative petition, a form I-485 your wife's adjustment of status application, and a form I-765 your wife's request for a work authorization. These are prepared and filed with the proper office-- a good lawyer will know where to file the package and advise you as to what is involved in the process. But everything begins with the filings, so get ready -- and enjoy the ride! Good luck to both of you.

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Answered on 2/27/09, 10:05 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Adjustment of status help?

Okay young man -- listen closely. You have been together for 6 years. If you love each other, get married, quickly, okay. There is a reason: timing is everything! Now, presuming you are both of an age where you can make your own decision to marry, and that the facts are as you state, you go get your marriage license -- she doesn't have to be documented for that -- get married, and when you get the marriage certificate, within a day or so you get yourself to a GOOD immigration attorney. You will then file what is called a "one-step" adjustment package: this includes a form I-130 - alien relative petition, a form I-485 your wife's adjustment of status application, and a form I-765 your wife's request for a work authorization. These are prepared and filed with the proper office-- a good lawyer will know where to file the package and advise you as to what is involved in the process. But everything begins with the filings, so get ready -- and enjoy the ride! Good luck to both of you.

Read more
Answered on 2/27/09, 10:05 pm


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