Can someone help me with this "adjustment of status" scenario?

by **ruddy** » Mon Jul 30, 2012 11:17 am

I know of someone, from another country, that came regularly to visit (her boyfriend/friends) here in the US. This last time around, they got married. Just like many others, that just "wing it" and think that citizenship/adjustment of status happens once marriage occurs, they now find themselves in a world of mess.

In the midst of it all, she has overstayed her visa. Yes, bad idea. With that being said, they reached out to an immigration lawyer who says that her husband could apply for citizenship and, in return, can file for adjustment of her status(without her having to return to her home country)

Here's the deal. Her husband IS eligible to apply for citizenship as he has been here as a green card holder for over a decade. Although, he has been in trouble with the law and also has not filed income taxes for many years. He's sorted out the income tax situation and they are now concerned of if his criminal past will prevent him from getting his citizenship, of which, his interview is in two weeks.

Hypothetically speaking, let's say that he is denied his citizenship.

Does the wife have any other options to adjust her status?

Thanks!

by **hagaleah** » Mon Jul 30, 2012 11:26 am

No. Her other option is to return home.

They are both lawbreakers. Why would they expect anyone to make this east for them? Did they expect no consequences for their crimes?

They really should both prepare to leave the US and return home.

by **aviya** » Mon Jul 30, 2012 11:33 am

She must leave the US immediately before she is jailed and deported
if he files for her its a 3 year wait for a visa from a green card holder

find a better aila lawyer but with a criminal record and not paying taxes his
citizenship will be denied and he will be deported

by **banys** » Mon Jul 30, 2012 11:35 am

First, the wife is not eligible for adjustment of status since she entered on a tourist visa, and since she is not married to US citizen. She must return to her country of citizenship. Depending on how long she overstayed, she will be barred from reentry - 10 year bar if she overstayed 1 yr.

Next, her husband will not get citizenship. Failure to file income tax returns and failure to pay taxes as required are both felonies. Furthermore, failing to file & failing to pay are considered crimes of Moral Turpitude - not a prospect for becoming a "good citizen of good moral character." It is entirely possible that he will be deported and permanently barred from the US once he gets out of prison. Even if he settles, pays all back taxes, interest, penalties, etc, he will not get US citizenship.

She can go home and stay there. Even if he had done things properly, as a green card holder, it takes about 3-4 years to bring in a foreign spouse, and the spouse must wait in his/her country of citizenship until a spousal visa is granted.

They both blew it. Both need to get out and stay out of US. Broke too many laws, violated too many visa regulations, etc, to be allowed to remain in US.

by **ricard83** » Mon Jul 30, 2012 11:40 am

Hypothetically, if the husband does not have status as an American Citizen, he can not support
the wife's hope for adjustment of status.

Fred Wahl
Matchmaker

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