Q: Section 245(i) in i-485

A: By itself, marriage after a visa overstay does not solve the immigration problem. It can put the immigrant in a position to return to a lawful immigration status. As the spouse of a U.S. citizen, the immigrant can generally become a permanent resident (green card holder). It is necessary for the spouse to have a lawful entry to the United States to be eligible for adjustment of status. Entering the U.S. with a valid visa counts as a lawful entry, even if that visa has since expired. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Good luck.

A: Since your wife is a US citizen, you do not need to apply for adjustment of status using section 245i.