I came on an F-1 student visa, but have fallen out of status. Can I still apply for a green card through Adjustment of Status when my US citizen wife sponsors me?

QUESTION: I was an international student on an F-1 visa, but I stopped going to school, and have fallen out of status because I moved to another city to live with my fiancée. My fiancée and I are getting married next month. She is a US citizen. Can I still qualify for Adjustment of Status even though I am now out of status?

THE IMMIGRATION ANSWER MAN – ARI SAUER: Yes, after your wedding. Someone

who is filing their Form I-485 Application for Adjustment of Status (commonly known as a green card application) based on the immigrant petition (Form I-130) filed by their US citizen spouse is applying under the Immediate Relative category. The Immediate Relative category includes spouses, parents and unmarried minor children of US citizen). Those applying under the Immediate Relative category may do so if they were inspected and admitted (or paroled) when they last entered the US. This is true even if they later fall out of status. So, someone who last entered the US on a nonimmigrant visa (or a parole document) but fails to follow the requirements of their nonimmigrant visa, and therefore fall out of status, may still apply for Adjustment of Status (I-485) if they are applying based on the Immediate Relative immigrant petition. Of course, this assumes that the person meets all other grounds of admissibility.

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Published 2/26/18 by attorney Ari Sauer.

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By Ari Sauer.

Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog, we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York, and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The Siskind Susser law firm limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of the Siskind Susser law firm.