Immigration Issues/Green Card

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Question
Hi there. I have a question regarding to my OPT. My Opt is experied on3/23/07.I know I have 2 months grace period to stay here. That means I can still stay here until 5/23/07 legally.I planned to get marry with my boyfriend who is US citizen. However, my boyfriend filed the divorce 6 months ago and he is still waiting for the decree date from the court. He asked the court already and he should able to get the date the end of this month. Once he gets the decree date,then we will get marry ASAP. But I am afraid we are not able to get it before5/23/07 .I just wonder do I need to leave in order to get my citizenship afterwards or I can still stay here even I passed the grace period and then just get marry as long as we know the decree date? Is it gonna to cause any problems if I do it in this way? The break will only between less than 1 month.

Isnt it there have a new law started in this year saying that all people need to enter or stay legally in US in order to get the citizenship ?If they are not stay here legally , no matter they are going to marry USC, they still
cannotget the citizenship.Is that right?

Thank you for your help.


Answer
Hi Jess,

As long as you initially entered the U.S. legally, and as long as you marry a U.S. citizen, you will be able to adjust status in the U.S. without a problem. However, during the interim between the 60-day grace period and the time that your husband (when you are able to marry) is able to file the sponsorship papers, keep a low profile (do not get arrested for other offenses, for example) so that are you not removed from the U.S. before the sponsorship paperwork can be filed.

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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