Quote:
Originally Posted by Immigrant
If you(ok, you are saying your friend, but we know it's you) are a visa-overstayer, you can adjust your status IF your wife is a citizen. You can't do this if your wife is a permanent resident.
If you are a fence jumper, then no. It is not possible to adjust your status in the US regardless of your wife's status. We heard countless stories of fence jumpers married to US citizens fearing deportation because they cannot adjust their status in the US.
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Anybody married to an US citizen OR permanent resident can "adjust" their status. It takes much longer (years) for the spouse of a permanent resident, but it is definitely possible.
The difference between someone who overstayed their visa and someone who EWI (entered without inspection) is that visa overstayers can adjust in the US while the person who EWI'd has to go back to their country to apply for residency (unless covered by 245i). After leaving the country, the person would be banned from the US 3 or 10 years, but the 601 waiver can be filed to overcome that ban.
OP- Your friend wouldn't have to leave the country right away. First, they would file I-130 with USCIS, DS230 and I864 with National Visa Center, while your friend is in the US. That can take months. After all that is approved, his case would be sent to his country. At that point, the consulate would contact him with an visa appointment. That's when he would have to exit the country.
Anyway, I really wish people would quit giving advice when they obviously don't know wtf they're talking about.