how soon for adjustment of status?

[eric&gen 0]

This friend of mine is already out of status or she overstayed her visa and wants to know that if she get married to her US citizen boyfriend whom she has a child with. How soon could she adjust status? Her child was born here.

[Kez/JWolf 6]

That would depend on how she entered the country..... More info is needed here....

Kezzie

[eric&gen 0]

My friend entered on a vistor's visa.

[Kez/JWolf 6]

If she is married to a USC then she can file for AOS.... but she should check out her option by speaking to a good immigration lawyer.... there are risks...

Kezzie

[eric&gen 0]

Wouuld you know if she still have to apply for a waiver?

[Kez/JWolf 6]

no she should not need a waiver.... if all she did was enter with no intent to remain and then got married.... but she should not leave the States until she has got a greencard... if she has more than 180 days of an overstay she will be banned for 3 years... as it is she will never be able to use the VWP again...

I suggest she speaks with an immigration lawyer to look at the overall situation and what risks there are for her...

Kezzie