Salida, CO Immigration Law Firms & Lawyers

Generally, a U.S. Citizen may petition for a spouse to adjust status to become a Lawful Permanent Resident (to get a "Green Card") if the spouse entered the U.S. lawfully and with inspection, even if he may have overstayed his visa or worked without authorization. The immigration forms that must be filed include a Petition for Relative Alien, an Application for Adjustment of Status, biographical information forms, the petitioner's Affidavit of Support (if the petitioner's income is insufficient, then an Affidavit of Support from a joint sponsor will be needed too), medical examination results, birth certificates, marriage certificate and evidence of the bona fide nature of the marriage. In some instances, other documents will be needed too (such as an applicant's naturalization certificate, if applicable; divorce decrees for either or both parties, if applicable; certified arrest disposition documents, if applicable; tax returns and sometimes other evidence relating to the petitioner's income; etc.). Proper completion of a marriage-based immigration application can be more complex than meets the eye. Errors or omissions, including failure to properly supply all applicable documents, can lead to very significant delays or even denials (and where the foreign national already is out of status, that presents additional risks). It would be wise to work with an immigration attorney who can review all circumstances relating to you and your husband in detail, and help prepare the most persuasive application package. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

You should apply for Deferred Action. If you have this status and your aunt's petition becomes current you should be able to seek adjustment of status (assuming you are eligible under either section 245(a) or 245(i) of the INA).

If your spouse is a U.S. citizen, you can file I-130/I-485. If you entered the U.S. legally, you can adjust status on the basis of an immediate relative immigrant petition of your U.S. citizen spouse even if you overstayed your initial admission to the U.S.