fahad

If someone is in US on Diplomat visa (A-1) which is just for 1 year and if he marries a US citizen just 1 month before his visa expires, Can he stay here in US after that? What should he do then? Will he get the status or Green Card straight away?
Thanks

Elvira

I would assume that you could file for AOS, but obviously the whole process would take a while. Nobody who adjusts status gets a GC 'straightaway'.

If you wanted to work in the US, you'd also need to file for an EAD (I-765). You'd probably also be wise to file for an Advance Parole travel document (I-131).

But if I were you I would at least have brief consultation with an immigration attorney to clarify your options, in case your diplomatic status represents a potential hurdle.

Ray

It certainly more complicated than an ordinary AOS ..
Form I-566. comes into play first I believe ....

A Lawyer to assist is really recommended ...

fahad

But can he stay here even his Diplomatic Visa expires? If yes, then under what status and then can he work?
Thanks for your response.

olliewat

I don't think we've seen many diplomatic visa holders on this board, which is why you're being told to check with a lawyer.

Best-case scenario (but not necessarily HIS scenario), he files for AOS and can stay. But he won't be allowed to work until one of two things happens: he receives an EAD (which he can apply for with AOS) OR he gets his green card (which can take a while).

Best answer: Talk.to.a.LAWYER!

Noorah101

Just curious if you've researched this at www.uscis.gov? I believe there are certain restrictions on diplomatic visa holders. Try reading about the A-1 visa there, or try reading about adjustment of status from within the USA there, and see if A-1 is allowed to adjust.

Rene

fahad

If he apply for EAD, how long will it take to get approved?
Thanks

Noorah101

In general, EADs take about 90 days to get approved. However, an EAD might not be available to this particular case. First you'll have to see if there are any restrictions on an A-1 filing for AOS.

Rene

Ray

For changes to, or from A-1 status, USCIS Form I-566 should be submitted to the DOS through the mission

• When the change is from one diplomatic status to another, the I-566 should be submitted through the new duty station, rather than the previous one

• If USCIS Form I-566 is returned with a recommendation for approval, the application to the USCIS is made on Form I-539, submitted to the USCIS Service Center with jurisdiction over your place of residence, and accompanied by a copy of USCIS Form I-94

• You should enclose either the DOS Form DS-394 (Notification of Foreign Government Related Employment Status) or Form DS-1497 (Notification of Appointment of Foreign Diplomatic Officer)

ramNagab

fahad

The immigration process is long and sometime become so long and takes years . my advise do not marry just to stay here because if your marriage fall apart on anytime then you will be on the middle of no where but if you are on agreement with your bride then you are fine and be patient till you get approved

thanks

wildestkabs

What does this mean?

ramNagab

I mean if really they want to start a family and love each other.

Ray

Yere!! course you do ....

Brit3964

I came to USA in 1999 on a TDY-A2 visa, married a USC later that year and had no problems doing AOS. Ray is right, the I-566 form is needed. You have to renounce your diplomatic status in USA in order to adjust status. I don't know if there are any extra differences/problems associated with the A1 status though.

fahad

Thanks for ur response. The visa is actually the same as yours TDY-A2 but your situation was 8 years ago. Now, things may be different. I read on some website that you have to waive ur diplomatic immunity before AOS. Does this mean that you have to quit the job? Until the AOS is approved, can the person work?