pur123

11391.1



I have an H1B visa and in the process for green card thru
employement (waiting for labor certification process).
My wife has been out of status for 2 years. She entered using B2 visa.

We have tried to change her status to H4 but INS doesn't approved it.

Is that possible to include her in my green card process and change
her status?

Will that affect my green card application?


Is that possible to change her status if she get greencard lottery?

Thanks

Andrew Wilson

If she is an overstay, she has not maintained her status in the US and probably has accrued unlawful presence. This will be a real problem for anything that she wants to do, including trying to piggyback off of your green card.

There is no way to chnage status within the US because she is not in valid status now. if she leaves the US, she probably will trigger an unlawful presence bar to return and require a waiver. She is in "no man's land" right now and I suggest you consult with an immigration attorney so you understand what options, if any, are available to her.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson
[email protected]
www.srwlawyers.com
Immigration Law

deepasunil

She has already accrued illegal presence and may be subject to a bar. I dont think she can change the status in US.
Including her in the greencard process doesnt help.
Does she meet the criteria for Green card lottery ? But I guess you are out of luck . The deadline for participation in the Fiscal Year 2006 Department of State Visa Lottery was January 7 2005.
Its best to seek legal advice .

Hnchoksi

    >Subject: HELP !!! How to change status
    >From: pur123 member35282@british_expats.com
    >Date: 1/28/2005 11:48 AM Eastern Standard Time
    >Message-id: <[email protected]>
    >11391.1
    >I have an H1B visa and in the process for green card thru
    >employement (waiting for labor certification process).
    >My wife has been out of status for 2 years. She entered using B2 visa.
    >We have tried to change her status to H4 but INS doesn't approved it.
    >Is that possible to include her in my green card process and change
    >her status?
    >Will that affect my green card application?
    >Is that possible to change her status if she get greencard lottery?
    >Thanks
    >--

You need to understand the fundamental concept. Status change is only allowed
if you have a status to change from. Your wife being out of status, does not
HAVE a status to change from. i.e., she is illegal. She will not be able to
change status even at the green card stage. It is possible that when you become
a citizen, she will be able to adjust status to permanent resident. In the
meantime, if she leaves the US, she wil be barred for 10 years. Winning the
lottery won't help. The issue is status change, which she cannot do.

TheWanderer

GO HOME AND STATUS CHANGES

"pur123" <member35282@british_expats.com> wrote in message
news:[email protected] m...
    > 11391.1
    > I have an H1B visa and in the process for green card thru
    > employement (waiting for labor certification process).
    > My wife has been out of status for 2 years. She entered using B2 visa.
    > We have tried to change her status to H4 but INS doesn't approved it.
    > Is that possible to include her in my green card process and change
    > her status?
    > Will that affect my green card application?
    > Is that possible to change her status if she get greencard lottery?
    > Thanks
    > --
    > Posted via http://britishexpats.com

Andrew Neilson

My friend, you have issues, serious issues. You can sponsor her for a
green card once you become a lawful permanent resident, until then, you can
do nothing. That being said, you have some significant legal hurdles that
need to be addressed. Until you consult with a lawyer (Wolf and Sultan out
of Tuscon comes HIGHLY recommended, http://www.azimm.com/) do not let your
wife leave the country under any circumstances. Once she is out, she is OUT
and I agree with the others, she has accrued more than 180 days of illegal
presence which is a 10 year bar from entry into the US. This is some
remarkably deep kimchi.



"pur123" <member35282@british_expats.com> wrote in message
news:[email protected] m...
    > 11391.1
    > I have an H1B visa and in the process for green card thru
    > employement (waiting for labor certification process).
    > My wife has been out of status for 2 years. She entered using B2 visa.
    > We have tried to change her status to H4 but INS doesn't approved it.
    > Is that possible to include her in my green card process and change
    > her status?
    > Will that affect my green card application?
    > Is that possible to change her status if she get greencard lottery?
    > Thanks
    > --
    > Posted via http://britishexpats.com

Andrew Wilson

Just as an extra point of clarification, even if you did include her in your green card paperwork, or sponsor her after you obtained your green card, she would be ineligible to adjust status because she has not maintained her status in the US. She may only be allowed to adjust status if you naturalize and become a US citizen.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com
Immigration Law