Sunday, March 11, 2012

H1B Expiring Shortly- Will Marriage to a US Citizen Allow for a Person to Stay

If you get married and are in a spousal relationship and file for adjustment of status you are in a "period of stay authorized by the Attorney General" Since you do not have a valid I-94, you are not, technically, in legal status and DHS could seek to remove you. Practically speaking, however, they rarely initiate removal proceedings against individuals who have overstayed an I-94 or are out of status and who have a bona fide application for adjustment of status pending. 

You are well advised to get married and file as quickly as possible. Once the adjustment of status is pending, you can obtain independent work authorization and travel permission. You cannot work or travel until you receive those documents.

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