I have been a permanent resident for the last three years. My husband received an approved I-130 . It states that he is not able to adjust his status in the U.S. The visa centre sent us a letter which states that if hs wants to adjust we need to inform them. will he be able to adjust while i am a resident or does he have to wait until i become a resident. he has been out of status for a couple of years.has anyone experience this ?
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Adjustment of status
- Thread starter sdowden
- Start date
Al Southner
Registered Users (C)
I have been a permanent resident for the last three years. My husband received an approved I-130 . It states that he is not able to adjust his status in the U.S. The visa centre sent us a letter which states that if hs wants to adjust we need to inform them. will he be able to adjust while i am a resident or does he have to wait until i become a resident. he has been out of status for a couple of years.has anyone experience this ?
The letter from NVC is correct, since he's in violation of a previous visa (if he flew into the US on any type of visa) and overstayed, he is ineligible to adjust his status in the US. Moreover, depending on how long has been in a visa violation, he is subject to a 10 year ban the moment he boards the plane to leave the US. If he decides to go abroad, normally his home country, the ban will automatically kick-in and the US consulate won't approve or deal with his case, until he completes the ban in 2020. It would be best to wait till you (wife) is a US citizen, at which point you can file for his green card, his violation will be forgiven. In the meantime, if he is caught by ICE, he is doomed and a ripe fruit for deportation. It appears he has managed to do well without being caught by ICE, he should hope to do this for the next 2 1/2 years till you are able to successfully naturalize. However, he must also have a clean criminal history and NOT have misled US officials in the past when applying for any type of visa. He should retain and safeguard his I-94 record, passport used to enter the US.
Jackolantern
Registered Users (C)
I have been a permanent resident for the last three years. My husband received an approved I-130 . It states that he is not able to adjust his status in the U.S.
Sometimes when they say that (ineligible to adjust status) it is not true for the particular individual. However, in your case it is currently true because he is out of status and you are not a US citizen. He can only adjust status after you become a US citizen.