Читать книгу U.S. Citizenship For Dummies - Jennifer Gagliardi - Страница 61

Certain individuals who are already legally in the country may qualify to change or adjust their immigration statuses. They may be eligible to change from one category of nonimmigrant status to another or may even have the opportunity to adjust from nonimmigrant to lawful permanent resident status.

Petitioning in one nonimmigrant status for change to another nonimmigrant status is referred to as changing status (example: change from a tourist to a student); applying for permanent residence while in the United States as a nonimmigrant is referred to as adjusting status (example: noncitizen spouse to lawful permanent resident).

Unlawful presence in the United States can have serious consequences, so be sure your immigration status always remains legal. For example, sometimes a noncitizen spouse in the first family preference category assumes that because the noncitizen spouse is married to a U.S. citizen, they can stay in the United States. Marriage to a U.S. citizen does not protect a noncitizen spouse from deportation.

A problem may occur while the noncitizen spouse is waiting for the adjustment of status petition to be processed. If the noncitizen spouse overstays the original visa, they are “out-of-status” and are unlawfully residing in the United States. Therefore, the noncitizen spouse is not eligible for adjustment of status. Upon leaving the United States after having been unlawfully present for more than 180 days or a year, the noncitizen spouse is barred from reentering the United States for three or ten years (depending upon how long they were in the country). There are some exceptions and some waiver provisions, which is why we stress the importance of consulting a qualified immigration attorney or legal services if you have any unlawful presence time in the United States.

To check whether your immigration status is currently legal, rely on your I-94 “Arrival-Departure Record” — the document you received from the CBP (find out more about them in Chapter 1) upon entering the country, or from the USCIS if you extended your immigration status while already in the United States.