In order to be eligible to apply for adjustment of status in the United States based on marriage, you need to show that you’ve legally entered the United States, and the beneficiary, or the person, has been covered under INA-245-I, meaning that they either filed a labor certification or some type of family certification. They also need to have been the beneficiaries of it before April 30, 2001. If those requirements, or either of those requirements are met and you are married to a United States citizen, you can file for adjustment of status in the United States. This is true even if you entered the United States illegally, 10 to 20 years ago; you’re still going to be eligible for adjustment of status as long as you can prove a legal entry. In addition, you’re going to have to demonstrate it’s a legitimate relationship, which would be a real marriage. Immigration is going to want to see evidence of that and ask you questions about that at the adjustment of status interview. The beneficiary, your spouse, is going to have to show that they are admissible to the United States. What does that mean? They are going to have to do a medical exam, take their fingerprints, and swear to certain questions on the application that they are not terrorists, that they haven’t lied to immigration to gain an immigration benefit, haven’t used or sold illegal drugs, etc. There is a whole series of questions they’re going to have to answer. Presuming that the beneficiary, your spouse, is admissible to the United States, they should have no problem adjusting status as long as you can also prove the marriage is real, again, and that you entered the United States legally or were covered under INA-245-I.
If you have questions regarding adjustment of status and how the process works or would like a lawyer to take you through the process so you don’t have to do the paperwork on your own, please contact20 the law office of Cheryl David. We’d be happy to set up a free initial consultation and assist you with your application.
