Legal Question in Immigration Law in Texas

Can I file Green Card while visiting USA on B1/B2 ? Any waiting time to avoid illegallity?

Asked on 11/29/18, 9:39 am

2 Answers from Attorneys

Christian Frank Christian Frank

Yes, you may be eligible for Adjustment of Status. It is advisable to wait at least 90 days. Additional information is required to determine your eligibility.

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Answered on 11/29/18, 9:54 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

It depends on what category you are filing in & if your priority date is current (if applicable). There is case law that states preconceived intent by a spouse of a U.S. citizen will not prohibit them from adjusting, as long as they are not inadmissible. However, it is always advisable to wait at least 90 days. I would suggest sharing the details of your particular situation with an experienced immigration attorney before you file.

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Answered on 11/29/18, 4:29 pm

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