Golden, CO asked in Immigration Law for Michigan

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

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

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.

Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

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.

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