Tweet
I have a friend who arrived in the US as a parolee through her father back in 2003. She is getting married now and is wondering if her current status would jeopardize her ability to file for an I-485 after marriage. She has heard that the paroled status is a lot rarer nowadays.
-
-
If she was paroled, she entered legally. If she is married to a US citizen now, she can do Adjustment of Status in the US.Originally posted by 485HelpMe View Post
This is my personal opinion and is not to be construed as legal advice. -
Agreement?
Does everyone else agree and have nothing to add? She's only worried because she knows these visas are rarer today, and that the current administration is much stricter on Adjustment of Status.Originally posted by newacct View PostComment
-
as long as she entered legally and is married to a USC, any overstay past her visa expiration is null and void for AOS purposes, she can go ahead and adjust her status and have no worriesOriginally posted by 485HelpMe View PostThis is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.
-Krypton9591Comment
-
Out of curiosity, how was she paroled? Did she enter on an Advance Parole?
This is my personal opinion and is not to be construed as legal advice.Comment
-
She's not sure, how would she know and would it matter?Comment
-
How does she know she was paroled? Does her I-94 say paroled? or she has a paroled entry stamp?Originally posted by 485HelpMe View Post
This is my personal opinion and is not to be construed as legal advice.Comment
-
Follow Up
Sorry to resurrect this thread. She says she visited a lawyer, who said that since her parole was in 2003 it is probably expired today (like I said earlier, some documents are kept from her by her parents), making her effectively illegal. The lawyer said that with his services (helping "clean up" her parole, coming with her to the meeting, etc, she'll have a 95% chance. Does the information the lawyer gave make sense? What other steps/precautions should she take because of this issue?Comment
-
As you would have read from newaccts reply above, if she is marrying a US citizen, all she needs to have done is legally entered the US (parole counts as one) to be able to file for AOS. Her current status, how long ago did she enter the US, etc., are all immaterial.Originally posted by 485HelpMe View Post
So if she meets the two criteria above and can demonstrate that her marriage is bonafide, she will get her GC.Just an opinion; Not legal advice.Comment
-
It's not relevant. The parolee "status" on the I-94 probably expired a year after entry, but that doesn't matter. She is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) and being out of status doesn't matter for AOS in this category. All that matters is that she was admitted or paroled in her most recent entry. There is nothing to "clean up"; that sounds like a scam.Originally posted by 485HelpMe View Post
This is my personal opinion and is not to be construed as legal advice.Comment
-
That is absolutelly in my personal opinion a scam, I would Urge the OP to verify that the "laweyer" the OP's friend is consulting is actually licensed to practice law.Originally posted by newacct View PostThis is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.
-Krypton9591Comment
-
Did the terms, "clean up" actually was used. Was the lawyer's name Saul, have late night TV ads?
You friend should really just do a file request via FOIA in this case to understand what has happened herself directly. The request is free. The request would be to CBP and as long as the person knows when they entered the USA roughly (year/month) should be able to find the information.Comment
Comment