Los Angeles, CA asked in Immigration Law for California

Q: Do F-1 students have a deadline of submitting green card application? Is it the end of the student's 60-day grace period

My fiancee and I have been together for three years. She is on F-1 visa and she just graduated from her graduate school last month. We are going to get our marriage license on July 21 and her 60-day grace period will end on August 14. We plan to have a wedding ceremony later. I am just wondering if August 14 is the deadline of submitting her green card application? If it is not, what will be the deadline? Thank you!

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

A: No. The law allows you to file for adjustment of status if you were admitted and inspected into the United States. The fact that you fall out of status is not an issue, but being placed in removal proceedings for deportation complicates matter. There are additional restrictions that have been enhanced since the Trump Administration began regulating the process. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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

A: You are fogiven fo any overstay if adjusting though your USC spouse. So, NO, there is no deadline. That being said; it is best to remain in status if possible. I have many clients that marry at the courthouse in a civll ceremony so the adjustment may be applied for and have a religous or other ceremony later.

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