Legal Question in Immigration Law in New York

I entered the USA as a student, and finished my bacellor degree a year ago. I had the OPT that expired last July. I got married to my Fiance in august ( we dated for 7 years). She is a citizen of the USA. My visa and OPT expired am I still able to apply for a status change?


Asked on 11/11/09, 6:46 pm

2 Answers from Attorneys

Douglas Lightman Lightman Law Firm LLC

Yes, as your relationship to your US citizen spouse would qualify as an "immediate relative" relationship under immigration laws, you're eligible to apply for a green card via the adjustment of status process even though you are out of status.

Please see the following link for detailed information on this process: Green Card Through Marriage

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Answered on 11/16/09, 6:58 pm
Luba Smal Smal Immigration Law Office

Yes, you might be able to apply for a Green Card through adjustment of status (after being petitioned by your US citizen wife). You should not delay this because right now you are out of status and removable from USA.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help and advise you: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/16/09, 10:48 pm


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