Q: Undocumented got married to a US resident who just became a citizen
I got married to a US resident 2 years ago who recently had successful interview for his citizenship. While waiting for his interview more than a year I became out of status for 12 months long. Can we still apply i130 and AOS or we will need a waiver for me staying undocumented? Will I need to go back to my country for interview or thats not necessary?
A: Based on your statement that you "became out of status for 12 months", I assume that you originally entered with a lawful inspection and admission. Other factors need to be evaluated, but generally speaking overstay of a lawful inspection and admission can be forgiven and adjustment may be possible through an immediate relative (spouse of U.S. Citizen) case. You should consult with a competent immigration attorney who can evaluate all aspects of your case to make sure that an adjustment of status case is possible, which would be ideal given that it sounds like you have 12 months of unlawful presence, something that could trigger a 10 year bar to reentry if you pursue a consular processing immigrant visa case. Again, consider scheduling a consultation with an experienced immigration attorney.
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