Q: Is it possible that my brother's wife's adjustment of status was denied?
My brother met and married a thai woman recently. She arrived in this country May 2022 on a tourist visa and was married to a thai citizen. He left her and she then overstayed her visa. She met my brother late december, early january. they married on may 8 2023. he immediately filed ofr marriage green card. In august he indicated that she was approved for her green card, received her work permit and parole to travel. He indicated that she had an interview scheduled. We didn't hear anything else. They recently went back to Thailand. My brother returned, but she did not. He said it was because her son (age 11) needed to get his green card application approved. Is it possible she got her adjustment of status denied?
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A:
It is possible that your brother's wife's adjustment of status was denied, although without specific details, it's difficult to determine the exact reason for her not returning with your brother from Thailand. Several factors could be at play in such a situation.
First, if she overstayed her tourist visa before marrying your brother, this could potentially affect her eligibility for an adjustment of status. U.S. immigration law can be complex in cases involving visa overstays and subsequent marriage-based green card applications.
Also, the process of adjusting status and obtaining a green card involves several steps, including an interview. Approval for a work permit and travel parole does not guarantee the final approval of the green card. There could be various reasons why an adjustment of status application might be denied after the initial issuance of a work permit and travel parole.
Regarding her son’s green card application, it's a separate process that could also impact her decision to stay in Thailand. Family-based immigration cases can be complex and are subject to various rules and timelines.
Given these complexities, it might be helpful for your brother to consult with an immigration attorney. An attorney can review the specifics of their case, provide guidance on potential issues, and advise on the best course of action.
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