Immigration Issues/Visa waiver to AOS

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Question
I was born in Peru. I am US citizen. I am married with a japanese citizen. She was born in Brazil. She came to America 7 years ago with visa waiver program. We got married 3 years ago. I want to petition for my wife. Is there any problem?

Answer
Hi,

Since your wife entered the U.S. legally, and she is married to a U.S. citizen, she can be sponsored and her adjustment of status can be completed in the U.S. without having to depart the U.S. (Indeed, if she departs the U.S. prior to obtaining resident status, she will be subject to the 10-year bar to entry to the U.S.).

Entry on visa waiver program prevents extension or change of status to another nonimmigrant visa status, but as stated above there is no problem in adjusting status in the U.S. based on marriage to a U.S. citizen, which leads to permanent resident status.

You can call our law firm during business hours at 212-268-3580 or email info@h1b1.com if there are questions.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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