Can My Boyfriend Adjust Status on an Expired Tourist Visa?

20 Feb 2018

Julia asks: “My future husband and I want to get married, he’s already in the USA his tourist visa has expired and I have no idea what we need to do. I’m a US citizen and he is from Dominican Republic.”

We get asked this question quite a bit and generally a foreign national is barred, what that mean’s it’s found inadmissible, when adjusting status but there’s it was kind of a loophole if you will. If they’re married to a U.S. citizen or they’re an immediate relative the US Department of Homeland Security and Department of State generally waives that inadmissibility and they can go ahead and process their adjustment of status. So, it is recommended that you go ahead and file for adjustment of status and whatever you do do not leave this country. Now this is all providing that your fiancee is admissible, meaning they have nothing in their background that would prevent them from filing it or what caused them to get denied. That part of it is very important. If you feel that your fiancee is inadmissible, meaning they do have something in their background or they entered the US illegally they were uninspected, etc., you may want to consult with an immigration attorney, just to be sure.

As long as you entered the United States legally and you are married to a U.S. citizen, in most cases you are eligible to adjust your status. That’s also known as applying for a green card. Currently the process is taking about seven to eight months. You would need to file your i-485 along with quite a few supporting documents. With our service, we do include the other documents required for the advanced parole. That’s your travel permit and as well as your EAD, the employment authorization document. Just recently we also started offering an installment payment plan for adjustment of status so if you’re interested in something like that just give us a call.

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