Posted by: Nepal08 April 22, 2025
US citizen Petitioning my wife who was out of status when she was in H1B. What to do ?
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If someone enters the U.S. legally but overstays, marrying a U.S. citizen allows them to adjust status and apply for a green card without leaving the U.S. or needing a waiver for unlawful presence. This benefit is only available if the person had a lawful entry (e.g., with a visa or through the Visa Waiver Program) and has no other grounds of inadmissibility such as criminal history, fraud, or prior removal. Marriage to a U.S. citizen places the person in the “Immediate Relative” category, which forgives the overstay and permits adjustment of status. However, if the person entered illegally, they must leave the U.S., face a 3- or 10-year bar, and apply for a waiver (Form I-601A) based on extreme hardship to their U.S. citizen spouse. Immigration laws are complex and mistakes can be costly—***make sure to get it through an immigration lawyer****
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