Aurora, CO asked in Immigration Law for Colorado

Q: Can my fiance apply for adjusted status, or will he have to go through consular processing if his visa is expired?

Me and my fiancé are getting married soon, and were wondering how getting him a green card would work. He entered the US legally on a tourist visa as a child, but overstayed. Would he able to get an adjusted status, or would he have to go back to Mexico and go through consular processing?

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1 Lawyer Answer

Kelli Y Allen

  • Immigration Law Lawyer
  • Charlotte, NC

A: If you are a U.S. citizen and he meets other admissibility requirements, once you are married, you can file a one-step spousal petition/adjustment of status. Regarding entry, you just have to prove that he entered legally, not that he maintained continuous status.

Allen C. Ladd and Ms Grace I Gardiner agree with this answer

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