Legal Question in Immigration Law in New Jersey

Is that true if you are on visa waiver and overstayed from an europeans countries , the residency will be denied if you live in certain states like NJ even if you are married for more then 2 years but hasn`t file?

Asked on 2/22/11, 9:04 am

2 Answers from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

As long as you entered the U.S. legally (entry on visa waiver is also OK) and are sponsored by a U.S. citizen spouse, you can adjust status in the U.S. irrespective of state of current residence. Additional information is here:

You can call our law firm at 212-268-3580 during business hours, or email for guidance.

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Answered on 2/22/11, 9:10 am
Luba Smal Smal Immigration Law Office

This is not true. The U.S. immigration law is federal law and applies the same way to residents of all states. If you apply for adjustment of status based on a bona fide marriage to a US citizen, there is a good chance that it will be approved if you were inspected and admitted to the U.S. and otherwise not inadmissible.

If denied, you won't be able to appeal because you came on a visa waiver. Reasons for denial could be different, and it's not clear from your post what is your situation. This is why it's very important to properly apply with all required supporting documents, sufficient affidavit of support, etc.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesnít create an attorney-client relationship. If you want to schedule legal consultation, or need legal advice and help, or help with reviewing the documents and paperwork that you prepared yourself - you can EMAIL me at Attorney@ and Iíll send you a confidential Questionnaire and instructions. Or complete an Info Form with a consultation request at . For more information please visit

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Answered on 2/22/11, 9:10 am

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