Q: can I still adjust status ( I 485) While in the US through the immigration court?
Came to country legally through marriage to a us citizen, I have I 94 and Had conditional green card, after being the in The us for about a year, end up divorcing my US citizen wife, Immigration accused me of sham marriage and out me under removal proceeding.
My mom is a us citizen and petition for me , petition was approved ! 30 and the priority date is current 12/05/2011.
I am over 21 years old,
can I still adjust status ( I 485) While in the US through the immigration court? I am nit sure if 285 rule apply, Icame to the country legally. Thanks
A:
A foreigner who enters the United States with conditional resident status cannot be petitioned and adjust status With anyone other than the person who originally petitioned them.
You will have to prove that you entered the first marriage in good faith. I strongly Recommend that you hire an experienced immigration attorney to deal with this complicated situation.
The above is general information, not legal advice, and does not create an attorney client privilege.
A: If it was determined the you commited marriage fraud and you did not successfully contest that decision in immigration court you are not eligible to adjust status.
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.
