Immigration Issues/I-485A

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Question
I am in the US on a student visa. I am here for less than a year. I am 20yrs. I am married to a US citizen. The wedding was done in the US. I entered the US legally and was inspected by an immigration officer and I have my copy of my I-94 and it hasn't expired. I have only been in the US for two weeks now. I have known my wife for three years now. Do I have to pay the $1000 penalty fee under section 245i of I-485A?

Answer
Hi,

As you have entered the U.S. legally and are married to a U.S. citizen, all sponsorship paperwork such as petition for alien relative, adjustment of status application, etc. can be filed concurrently. You are not subject to sec. 245(i) and thus the $1000 penalty does not apply.

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com for guidance.

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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