Legal Question in Immigration Law in Washington

how r u

i have Qthat i came in usa in1997 jan 15 and i married in 2001 feb 20 and after i spponserd from resturant in 2002 may and in 2007 i get devorsed from my wife and i have intterview from my sppornserd and i went ther in nov 12 and they give me a letter that we are unable to complete your application and ur case is continued if u r case continuued for document u been issused a resqest for evidence (i-72)and officer review it appears that u r ineligible to adjust u r status due to the fact that u r were unlawfully present in usa for period in excess of one year after april 1997 now pls tell me can i apeal them or i what i can do to stay in usa pls tell me thanks

Asked on 11/21/07, 3:09 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: how r u

Did you have a status when you came to the US in 1997? If not, you are likely out of luck. You can adjust status based on marriage, even if your status has expired. However, you must have a status to adjust.

There is a hardship waiver to an initial lack of status but the hardship is to a US citizen. Usually your spouse. But now you are divorced hardship to her. Do you have US citizen children? If so, you may still be able to adjust. You should consult with an immigration attorney to go over the details of your case.

At your service,

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Answered on 11/21/07, 6:03 pm

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