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Question About Spouse Of US Citizen Adjustment Of Status

Mary asks…

Adjustment of Status while in Proceedings?

My wife came from Kenya to the United States in 2007 on a student visa. In January 2010, she became out of status after dropping out of school. I married her in July 2010. In September, she was contacted by an officer from the Department of Homeland Security. The officer put her in deportation proceedings for her being out of status. He said that in our mail we will get a court date to appear in front of an immigration judge within a few weeks. He said more than likely the court date will be in late April or early May. My question is this: Will my wife be able to apply for adjustment of status while she is in proceedings? It is October 2010 now and we have our application ready, but we are concerned that once we have our interview with USCIS that they will deny her application because of the pending deportation proceedings. I love my wife very much and I don’t want to see her get deported. We both are hard working individuals with no criminal background except for her being out of status. If anyone has gone through a similar situation, please tell US what happened. We just want to have peace of mind. Thank you.

Best Answer:

Let’s see here:

1.Application on file check

2.Came in on a student visa check.

3.Only thing left is to confirm is if you’re a US citizen as the spouse to make a visa number immediately available !

If you are a US citizen and your wife is still in removal proceedings she may actually still be able to adjust her status but in front of the immigration judge actually.You should make every effort to contact an AILA lawyer to have the application adjudicated in front of the immigration judge.

Posted From Yahoo! Answers (for informational purposes only)

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