Canutillo, TX Immigration Law Firms & Lawyers

In general, a person who is married to a U.S. Citizen, who entered the U.S. lawfully and with inspection may succeed in adjusting status to become a Lawful Permanent Resident (to get a "Green Card") notwithstanding that he overstayed his visa and notwithstanding that he became employed without authorization. Additionally, in a marriage-based adjustment of status case, if a beneficiary fails to attend the scheduled USCIS interview, he may expect his case to be denied.

You may file now.  Here is the reference. Section 316(a) of the INA lists the general eligibility requirements for naturalization. Under that section, a lawful permanent resident (LPR) must be a resident continuously for a period of five years subsequent to obtaining LPR status before he or she may apply for naturalization. However, section 319(a) of the INA provides that if the LPR is married to a U.S. citizen (USC), the LPR may naturalize after only three years if the LPR has lived in marital union with his or her USC spouse during the three years immediately preceding the date of filing of the naturalization application. The VTVPA amended INA section 319(a) by expanding this provision to include spouses, former spouses, intended spouses, and children of USCs who obtained lawful permanent residence by reason of having been battered or subjected to extreme cruelty by their USC spouse or parent. AILA InfoNet Doc. No. 05012741. (Posted 01/27/05)Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (INA), as amended by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386