Kaleem

I have a very basic question.Probably somebody will answer it. Thanks in advance.If aperson entered into USA legally on tourist visa but later he became out of status for more than 6 months, If he now marries a US citizen. Can he change his status to a permanent resident without leaving the country?

Rete

Basic answer is Yes. Since you wanted basic here I won't elaborate.

Kaleem

I did not mean this basic. I will be thankful if you elaborate your answer. Sorry for the confusion.

Rete

As long as you entered the US legally, you have the right to file for adjustment of status based on marriage to a US citizen. The out of status issue is not an issue re adjustment as long as the entry was legal. The out of status issue is a problem if you wanted to vacation outside of the US at any time before you have had your adjustment of status interview and opportunity its approval and the subsequent I-551 stamp in your passport (which is the paper equivalent of the green card).

If you are out of status 180 days, then even if you were given an advance parole document (applied for with form I-131) by the INS, you would activate a ban of 3 and up years, depending on how long you were out of status.

Rete