What will happen if I am out of status when I apply for a green card?

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What will happen if I am out of status when I apply for a green card?

I first entered to the U.S. with J-1 visa as an AuPair and stayed for 2 years. I went back to my country and stayed for 1 year and then came back to the U.S. as a student. I came returned with an F-1 visa. I have been here for about 1 1/2 years. I got married here in the U.S. 3 months ago. My husband got a job in another state, so we decided to move. I tried to transfer to one of the colleges here but

something didn’t work out, so I failed to register for the classes. I was told that I will be out of status soon. I am preparing to apply for a green card and I jut need the medical exam results, which I am supposed to get this week. I looked through on the internet about the similar cases to mine and some people say that it is OK but some say it’s not. We are very worried and just wanted to know more details about what would happen.

Asked on January 10, 2017 under Immigration Law, Pennsylvania

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As long as you entered the US lawfully and it looks like you did with the F-1 visa, and as long as you are married to a US citizen and the marriage is bona fide, you will be able to adjust status to permanent resident even if you have been out of status and/or unlawfully present.  Please let me know if you have any additional questions or how I can be of further assistance.


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