Generally, unlawfully present in the U.S. makes someone inadmissible to receive a Green Card. Those who are eligible for a green card would need to apply for a waiver of that inadmissibility, the I-601 Waiver, if they have left the U.S. and seek to return. Many people who overstay their visa believe that they must attend a green card interview at the U.S. consulate. However, there may be another option.
An immediate relative, such as a spouse of a U.S. Citizen, is eligible to “adjust status.” (See relevant posts here and here ). Meaning, the interview would be through U.S. Citizenship and Immigration Services (USCIS) at a local Office in the United States, and not a consulate abroad.
The Adjustment of Status option is available to immediate relatives of U.S. Citizens because:
To clarify, unlawful presence from overstaying a visa will only require an I-601 Waiver, if the spouse of a U.S. Citizen leaves the U.S. Also note that different policies apply to Green Card Holders, but that has been left out of this article to avoid confusion.
Fickey Martinez Law Firm, P.L.L.C. is an immigration and naturalization law firm serving Eastern North Carolina. We strive to make sure you understand the immigration laws that pertain to your specific circumstances. We frequently file with USCIS, NVC and DOS, and we can use this experience to better serve you.
If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066, email us at attorney@fickeymartinezlaw.com , or explore our website at www.fickeymartinezlaw.com.
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