Will there be a problem to adjust my status?

Dear Mrs Walker-Huntington,

My wife is sick, so I came to the United States to visit her on a B2 visa. She had already filed the I-190 prior to me coming. My intention was to visit her and return home. However, I had not known the nature of her illness prior to visiting.

When I arrived, I found out that she had a stroke and is unable to fully help herself with her basic needs. She does not want me to return home and is considering filing for an adjustment of status on my behalf. My questions to you are:

■ Will there be a problem to adjust my status while on a B2 visa? How long will the process take?

■ How much is it going to cost?

Thank you.

–J.T.

Dear J.T.,

Sorry to hear about your wife’s illness. I am not aware of an immigration form I-190, only aware of a form I-90. The I-90 is the form used to renew or replace a green card and would mean that your wife is renewing her green card or replacing it if it had been misplaced.

Having arrived in the United States on a B2 (non-immigrant) visitor’s visa, you are eligible to adjust (change) status from a visitor to that of a green card holder/ permanent resident if your sponsor is a US citizen spouse or your son/daughter over 21 years old. This process should not begin until you are present in the United States for 90 days.

However, your wife must be a US citizen for you to remain and for her to file to adjust your status. If she is not a US citizen, she should immediately file for you as a green card holder, but you must not stay beyond the time allowed to you at the airport – usually six months. She has to file the papers with you as living in Jamaica, and you will go to the US Embassy for the interview. If she is unable to care for herself and you cannot file to adjust your status, you should file for an extension of the time they had given you to stay in the United States. File with enough time for US Citizenship and Immigration Services to process the request for the extension, and be careful not to stay over your time. Do not remain in the United States without permission if your wife is a green card holder.

Any filing for you by your wife requires an affidavit of support – either at the beginning (if adjusting status) or during the second phase of the filing (at the embassy interview).

You and your wife can hire an attorney to assist you with the process, or if you choose to file on your own, you can visit www. uscis.gov for information. Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United Statesand family, criminal, and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@ walkerhuntington.com.