If a US citizen married a H2B expired visa holder, will there be any problems if we filed for his permanent residents card?

Will he be able to adjust his status here in the US? How long does the process take?

Asked on December 2, 2011 under Immigration Law, Michigan


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, as long as he can document that he ENTERED the US lawfully, if that his status has now expired, he will be able to adjust status to permanent residence on the basis of a valid marriage to a US citizen.  THe processing times vary somewhat from office to office, but on average, it is taking about 5-7 months from the date of filing to the interview at the local USCIS office.

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