Immigration Issues/immigration issue

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Question
Dear Mr./Mrs.,
i came to usa as a j1 student in summer 2011. i got married with an american citezen on 31 of august. we've been together for 2,5 years. we were ready to apply for adjustment of status, but my husband was incarcerated. in september 2011 he'll go to half-way house.
is it possible to apply for adjustment of status right now, and wait untill he'll be able to have an interview in immigration center with me?
thank you very much for paying attention on my question!

Answer
Hello Milla,

Your husband must be able to attend the interview with you in USCIS in order to have your green card application approved.  The interview will be scheduled roughly 5 months after submitting the paperwork.  You also have to bring paperwork into jail for your husband to sign.

There is an issue of whether he can leave the halfway house to attend the USCIS interview.  If he cannot, then you cannot file the paperwork because it will eventually be denied for his failure to attend the interview.

You also must make sure that your J-1 visa is not subject to section 212(e) for the 2 year residency requirement.  Look on your visa. If it says subject to Section 212(e) then you must obtain a waiver first before you can apply for adjustment of status (green card).

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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