Considering the 90 day rule, after how much time after my husband’s arrival to the U.S., can we apply for an adjustment of status?

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Considering the 90 day rule, after how much time after my husband’s arrival to the U.S., can we apply for an adjustment of status?

I live in the U.S. and my husband lives abroad. We have been married for almost 8 years and have 2 kids. Now we would like to apply for an adjustment of status for him. He has a tourist visa.

Asked on October 5, 2018 under Immigration Law, Illinois

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He really should not travel to the US as a visitor if his intention is to apply for adjustment of status, especially given that he has already been married to you for 8 years and you have 2 kids.  How has he been entering the US in the past, how frequently and for how long for each entry?  Are you a US citizen?  Why has this just come up now and not before in the past 8 years?


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