One of the great things about practicing immigration law is the ability to continuing to help people after their initial matter. Â We have a client from Bosnia who we helped obtain citizenship a few years ago despite an old gun arrest. Â Last year, our client married a young lady from Bosnia who had come to the United States in 2006 on a visitor visa and never returned home. Â Her visa had expired years ago.
U.S. immigration law provides that if an alien was inspected but overstayed their visa, their subsequent marriage to a United States citizen will "clean up" the overstay. Â That is, the spouse of a U.S. citizen can still adjust to lawful permanent resident status despite having overstayed. Â This rule does not apply to people who were never inspected by agents of Customs and Border Patrol.
Earlier this year, we filed a spouse visa and adjustment application on behalf of our young Bosnian couple. Â We appeared before the St. Louis field office of USCIS on Tuesday and received word yesterday that our client's application to adjust status had been approved. Â Our client will receive a conditional two year green card. Â Prior to the expiration of the two years, we will file to have the conditions removed and she will receive a ten year green card, assuming the couple is still married and everything is in order. Â Of course, one year later, our client can apply for naturalization as the result of being married to a U.S. citizen.
