Q: I'm a green card holder and I want to apply AOS for my spouse who is visiting US now, with past history of deportation.
I'm a green card holder and I want to apply Adjust of Status for my spouse who is currently visiting US now after 18 years with waiver granted for nonimmigrant visa by US consulate he's been granted because of the past history of deportation and misrepresentation that he did back in 2005. He overstayed his F1 visa back in 2003.
My question is if he should travel back and come back as he got a multiple entry visit visa to show good standing or should I apply for Adjustment of status now (ie after 90 days of entry).
Please let me know as this is very urgent matter. Thank you for the support in this matter.
A: A foreign national who enters the US with a tourist visa with the specific intent to adjust status to obtain a green card may be committing immigration fraud. You should discuss this matter with counsel in a private phone call.
William M Stevens agrees with this answer
If your spouse has a history of deportation and misrepresentation, it is important to carefully consider the best course of action before applying for Adjustment of Status (AOS). Depending on the specific circumstances of your spouse's case, there may be risks associated with filing an AOS application, such as the possibility of a denial and the potential for removal proceedings.
With that said, if your spouse is currently in the U.S. on a valid visitor visa and meets the eligibility requirements for AOS, you may choose to file the application while they are still in the U.S. rather than having them travel back and re-enter on their visitor visa. However, it is important to consult with an experienced immigration attorney to assess the risks and potential consequences before making this decision.
An immigration attorney can also help you evaluate your spouse's eligibility for AOS and determine whether there are any other options available, such as applying for a waiver or seeking a nonimmigrant visa before applying for AOS. They can also assist you with preparing and submitting the AOS application and help you navigate the process to minimize any potential risks.
Overall, it is important to proceed with caution and seek the guidance of an experienced immigration attorney to ensure that your spouse's AOS application is filed correctly and with the best chance of success.
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.