Q: Can a LPR file an I-130 & I-485 for a spouse that is in the U.S on a tourist visa?
The LPR was sponsored by a U.S. citizen relative and has been in the U.S. for almost 4 years. Her spouse resides overseas and visits her regularly on his tourist visa. Recently the LPR was diagnosed with stage 3 cancer and requires immediate treatment, so, her spouse got to the U.S. right away to support her and help her while she goes through the chemotherapies and subsequent surgeries. Can the LPR file a combined petition (I-130 & I-485) to adjust the status of her spouse due to the unfortunate circumstances? (Spouse's been in the U.S. for almost 3 weeks now) Thank you.
A: Generally no, because the I-130 won't be current to file for Adjustment of Status. However, the spouse can file a visitor visa extension if they need to stay longer than six months. You should contact an experienced immigration attorney for help.
Ms Grace I Gardiner agrees with this answer
A: Unfortunately, the answer is no, because visas would not be immediately available for the spouse of an LPR. If a petition had been filed previously, and the priority date was current, then the answer would be yes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
