Leander, TX Immigration Law Firms & Lawyers

Immediately upon filing of an Adjustment of Status based upon marriage to a U.S. citizen, your status will become "Applicant for Permanent Residence" and you lawfully may remain present in the U.S. That will be true regardless of whether the application is filed before or after your current OPT expires. The USCIS will issue an Employment Authorization Document ("EAD" or "work permit") within 60-90 days of filing, authorizing employment while your Adjustment of Status application remains pending. Filing an application to extend F1/OPT, and the timing of the filing, can presents complications, since that status is only for people who intend to remain temporarily in the U.S. for the purposes contemplated in the OPT application, and then depart. (This same complication does not exist for someone with an H1B application, since that type of visa recognizes "dual intent" - i.e. an intention to remain temporarily in compliance with the H1B and also an intention to remain permanently if that person becomes eligible to do so.) Both for achieving your long-term goals and for eliminating or minimizing any gap in your authorization for employment, it would be wise to engage an immigration attorney to learn all of the relevant details about your goals, your immigration-related history, your job, etc. in order to advise you about eligibilities, options and strategies.

You can certainly file the visa petition and it can be approved notwithstanding his criminal record. It is the steps that follow after approval of the visa petition where his crimes come into play and might (or might not) bar him from immigrating.

I always tell my prospective clients that nothing is impossible if you know what you are doing. Immigration matters on the other hand may get too complicated as you go along and you are relying on form instructions. We do not know if your case is one of those that may need an immigration attorney's knowledge, you should hire an attorney if you can afford it regardless. Remember immigration matters are one of the most important issues of your life. I have seen families that they have ruined their lives by not having assistance of a seasoned immigration attorney or using non-lawyers.