Legal Question in Immigration Law in Nebraska

Adjustment of Status

What federal statute permits a K-1 Visa alien spouse to legally continue to remain within the United States while awaiting an I-485 action for adjustment of status after the Visa has expired and before the I-485 decision is reached?


Asked on 8/31/06, 11:54 pm

1 Answer from Attorneys

David Nachman Nachman & Associates, P.C.

Re: Adjustment of Status

This would be Section 245 of the Immigration and Nationality Act. The assumption, of course, is that the K-1 has married the USC spouse that has petitioned for him/her.

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Answered on 9/01/06, 7:37 am


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