Monument, CO Immigration Law Firms & Lawyers

If you are married to a US citizen and your citizen spouse is your petitioner in your Form I-130 petition, you can file your Form I-485 application together with the Form I-130. Since the petition is under Immediate Relative category, mere overstay is not an impediment to adjustment of status.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The letter from the BIA, if I am reading it correctly, should mean that your original visa petition is still operating. You may be eligible to file a waiver under VAWA. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your.

Your husband's criminal record sounds minor, but could be an issue for his immigration status. An attorney should look at all of his criminal records to understand if your husband is inadmissible and whether he will need a waiver. You should schedule a consultation with an immigration attorney and take all of your husband's records with you to the consultation so that you can understand the effect they will have on his immigration process.