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Immigration Issues/adjustment of status while illegal

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Question
We came with a work visa TN and then H1B (husband's visa) our visa expired in 2004, and we stay, my husband's mom is now an american citizen, since last year. Can we qualified to do an adjustment of status if we are illegal now? My husband is over 21 and married.
Thanks

Answer
Hi,

Your husband's mother can file an immigrant petition for her son and family in the F3 category. However, when the priority date is current, adjustment of status requires an unexpired I-94 and maintenance of current nonimmigrant visa status at time of filing for adjustment of status. Since this is not the case, adjustment of status cannot be filed. At the same time, departure from the U.S. will result in a 10-year bar to entry to the U.S. There is no solution under the current immigration laws, unfortunately, to being able to adjust status.

Information about family sponsorship categories is here: www.h1b1.com/sponsor.htm

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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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