Can a person file for adjustment of status?
On the worse case the husband will be deported and subject to a three-year ban. But let’s say that the individual gets in to the U.S. on B-2 or ESTA – can she now file for adjustment of status. No! Even if the person gets into the U.S. they still cannot adjust status to permanent resident.
Can a adjustment application be transferred to another basis?
An adjustment application cannot be transferred from one basis to another if there are any breaks in the continuity of the application, including if the applicant chooses to withdraw the application or the application is denied because the applicant failed to appear for a scheduled interview without sufficient justification.
How does a family based adjustment of status work?
An applicant has a family-based petition approved based on marriage to a lawful permanent resident. The applicant applies for adjustment of status based on the approved petition. The applicant divorces his permanent resident spouse. The applicant marries a U.S. citizen.
An adjustment application cannot be transferred from one basis to another if there are any breaks in the continuity of the application, including if the applicant chooses to withdraw the application or the application is denied because the applicant failed to appear for a scheduled interview without sufficient justification.
An applicant has a family-based petition approved based on marriage to a lawful permanent resident. The applicant applies for adjustment of status based on the approved petition. The applicant divorces his permanent resident spouse. The applicant marries a U.S. citizen.
How does a person apply for adjustment of status?
The applicant applies for adjustment of status based on the approved petition. The applicant divorces his permanent resident spouse. The applicant marries a U.S. citizen. The applicant’s new spouse files a petition for the applicant based on the new marriage.