They have a green card interview because they married an American. But you can’t get an adjustment of status if you are in violation of your current visa terms.
>But you can’t get an adjustment of status if you are in violation of your current visa terms.
This is both right and wrong. Congress passed a law ages ago that grants forgiveness to overstaying spouses once the greencard is issued. The AOS process is allowed.
The hole however is the AOS does not extend your authorized stay if you were out of status when it was filed. So this leaves one vulnerable to the ICE arrests.
However, your AOS can still be processed even when arrested because of the forgiveness granted by law, so it just becomes an issue of having a good lawyer to get a judge to intervene.
USMCAThrowAway|2 months ago
That was tolerated previously.
It does appear that these arrests have stopped since the NYT article was written.
rayiner|2 months ago
They have a green card interview because they married an American. But you can’t get an adjustment of status if you are in violation of your current visa terms.
delfinom|2 months ago
This is both right and wrong. Congress passed a law ages ago that grants forgiveness to overstaying spouses once the greencard is issued. The AOS process is allowed.
The hole however is the AOS does not extend your authorized stay if you were out of status when it was filed. So this leaves one vulnerable to the ICE arrests.
However, your AOS can still be processed even when arrested because of the forgiveness granted by law, so it just becomes an issue of having a good lawyer to get a judge to intervene.
kdazzle|2 months ago