Summary
To keep your spouse in the US after marrying on an ESTA Visa, you can file a Petition for Alien Relative (Form I-130) and an Application for Adjustment of Status (Form I-485). Factors that could prevent approval include criminal convictions, immigration fraud, and visa overstays. Filing before the visa expires allows your spouse to stay while the application is pending. Risks include no right to appeal if denied and potential deportation. Costs for an immigration lawyer range from $1,500 to $4,000. Consult an immigration attorney for personalized advice.Full Conversation
My wife and I got married while she was in the US on an ESTA Visa. What can I do to keep her with me in the US so she doesn't have to go home.
Hello ****! Generally, you can file a Petition for Alien Relative and Application for Adjustment of Status. However, the process can be complex:
- File Form I-*, Petition for Alien Relative.
- File Form I-*, Application to Register Permanent Residence or Adjust Status.
Please consult an immigration attorney for accurate advice.
What are spme things that would prevent an adjustment of status from being approved
Some factors that could prevent an adjustment of status from being approved include:
- Criminal convictions
- Immigration fraud or misrepresentation
- Prior removals or deportations
- Overstay of visa
- Public charge grounds (dependency on public benefits)
- Health-related grounds
- Security-related grounds
Each case is unique, it's recommended to consult an immigration attorney.
If we file for an adjustment of status before her visa stay expires, can she stay longer until its approved?
Yes, if you file for an adjustment of status before her visa expires, she can legally remain in the US while the application is pending. Please consult an immigration attorney to guide you through this process.
Is it legal to file an adjustment of status from a ESTA Visa?
Yes, it is legally possible to adjust status from an ESTA (Visa Waiver Program) to a different visa status. However, it's complex and there are certain risks involved. Consulting an immigration attorney is strongly recommended.
What are the risks involved
The risks involved in adjusting status from an ESTA Visa include:
- If the application is denied, there's no right to appeal and immediate deportation may occur.
- Any errors in the application could result in a visa overstay.
- If you leave the US while your application is pending, it may be considered abandoned.
Always consult an immigration attorney.
Whats the average cost of an immigration lawyer for the sake of adjusting status
The cost of an immigration lawyer for an adjustment of status can vary widely based on your location and specifics of your case. On average, it may range from $*,* to $*,*. It's best to contact a few local immigration attorneys to get a more accurate estimate.
Thanks
You're welcome, ****! If you have any more questions in the future or need further clarification on any legal matters, feel free to reach out to us at FreeLawChat. We're here to help.