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 M Frank Fas USADefend Immigration

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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