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was out of status, now married

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  • was out of status, now married

    hi, i worked on tourist visa, with a valid ssn. now i'm married. are they going to adjust my status?

  • #2
    hi, i worked on tourist visa, with a valid ssn. now i'm married. are they going to adjust my status?


    • #3
      Yes. This will be a bit wordy because it is cut pasted from an attorney's page, but all of the information will help you.

      What about previous illegal work that the alien may have done without an EAD card?

      The spouse of a US citizen is forgiven for any previous illegal work, as stated in the immigration law at this URL (read item 10 at the URL):

      "(b) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and Sec. 245.10 , is not included in the categories of aliens prohibited from applying for adjustment of status listed in Sec. 245.1(c) , is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status: (Revised 10/1/94; 59 FR 51091)
      (jump to #10)
      (10) Any alien who was ever employed in the United States without the authorization of the Service or who has otherwise at any time violated the terms of his or her admission to the United States as a nonimmigrant, except an alien who is an immediate relative as defined in section 201(b) of the Act ..."

      Please note that when completing the G-325A form for adjustment of status, the alien spouse who has worked illegally SHOULD report the work history accurately, because not telling the truth on the form could deny the adjustment. The alien will not be held responsible for the illegal work, and if the interviewing officer tries to deny adjustment based on illegal work, it would be to your benefit to mention the law as cited directly above. However, note that IF the immigrant spouse has previously used ILLEGAL DOCUMENTS in order to work illegally, then a waiver may be required, as misrepresentation is a cause for denial of adjustment of status (Pan down to the heading "Misrepresentation" near the bottom of this page. The likelihood is that if this was an issue, the US citizen would be allowed to file a 601 hardship waiver, because of marriage to a US citizen). See this link for more about waivers. <== this link is for a waiver for criminal conviction, however the same types of justifications for the waiver are used for any hardship waiver.

      What are the court decisions regarding adjusting on a tourist visa? A binding Board of Immigration Appeals decision in the INS Operations Instructions says:

      "In the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain." [Matter of Cavazos, Int. Dec. 2750] (BIA 1980) clarified and reaffirmed. [Matter of Ibrahim, Int. Dec. 2866] (BIA 1981).


      • #4
        As I understand it, this applies only if you are married to a US citizen.


        • #5
          Thank you Can you pls send me the web address of the page that you cite...It looks rather useful to me. Thank you once again!!!


          • #6
            Yes, here it is.


            That is the link from the K1.exit page. Might I add that this attorney is not an immigration attorney. He is just giving useful information for them. There is plenty of information to be had there.