Carrollton, TX asked in Immigration Law for Texas

Q: Subject: 1. Can I apply for AOS while in USA on valid B1 visa with a pending I130

Subject:

1. Can I apply for AOS while in USA on valid B1 visa with a pending I130 (that was submitted when i was outside usa)

2. Complete attorney fee to process my case.

*Current visa status: B1 valid ( no over stay)

*No criminal background

*Already applied i130 while i was outside usa.

Hi there! My wife is an LPR in Carrollton, Tx. She applied for I 130. I am a doctor, I have managed to get a B1 visa with pending I130. Now I am in the USA with B1 visa. Since I am a doctor, I will be applying for residency training in the USA, I have already passed the necessary exams for that. This is my reason to stay in the USA.

Thank you .

Related Topics:
2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Your US permanent residency spouse will not be able to adjust your status even with an approved I -130 form, therefore, you would need to travel abroad for consular processing to complete that lawful permanent residency case. Also, you were lucky to receive a visitor’s visa with the pending a 130 because it creates a dual immigrant intent, technically, any border patrol agent could have denied your admission based on the pending I-130. You need to consult with a licensed Immigration Attorney directly without any delay.

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

A: You may adjust status through your LPR wife ONLY if you maintain a lawful status while you are in the USA. However, if your wife becomes a USC you may adjust through her in the USA even if you overstay.

Be vary careful to comply with the terms of your visitor visa. You can not do a residency on a visitor visa. You may want to consider changing your non immigrant status to a status.

I suggest you consult with and experienced immigration attorney.

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.