People who enter the United States with fraudulent visas and are married to United States citizens often ask, can I adjust my status? Can I change my status here in the United States without having to go home? The answer is, generally, yes, as long as you have a copy of the visa, even if it’s fraudulent or the actual visa. If you have the visa that you entered the United States with, even though it wasn’t yours, they you will be eligible to apply for a green card. However, you’d have to apply for the green card in conjunction with a waiver. That waiver will have to demonstrate that I would be an extreme hardship to your U.S. citizen or green card holder spouse or a parent. As long as you have that visa that you entered the United States with and you admit that you committed a fraud, you would be eligible to apply for a waiver in addition to your green card. If you have questions about how to apply for the waiver, whether you’re eligible for it, or whether it’s even necessary, please contact my office and I’d be happy to assist you with your questions.

Cheryl R. David is an experienced immigration attorney working in New York City. Please contact us for your free initial consultation.