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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.