Out of Status & Married to a Green Card Holder? Your Immigration Options Explained

In this insightful episode of the NPZ Law Show, Samantha Oberstein, Managing Attorney at NPZ Law Group’s Fort Lauderdale office, addresses a frequently asked immigration question:
"I’m out of B-2 status and married to a green card holder—can my spouse file a marriage case for me?"
Samantha explains that while a spouse can file the Form I-130 petition, there are serious limitations for those out of status and married to permanent residents (green card holders). The discussion covers:
• Why filing an I-130 alone may not lead to a green card.
• The role of the I-601A Provisional Waiver and consular processing risks.
• What is INA 245(i) and how it can help certain applicants.
• How spouse naturalization (to U.S. citizenship) can change the strategy.
• When Nunc Pro Tunc (backdated status) may be possible.
• The importance of long-term planning and maintaining status.
Whether you’re already out of status or planning ahead, this episode highlights the nuances of U.S. immigration strategy—especially when family relationships and status issues intersect.
Need help navigating your marriage-based immigration case?
www.visaserve.com
201-670-0006
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