Does an applicant still qualify for filing Adjustment of Status if the beneficiary is in the U.S., but the sponsor is in the military and deployed abroad?


Independent attorneys in the Boundless network answer common U.S. immigration questions

Nov 3, 2021


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Does an applicant still qualify for filing Adjustment of Status if the beneficiary is in the United States, but the sponsor is in the military and deployed abroad?

The sponsor does not need to be in the United States for an applicant to file an adjustment of status application, but if an applicant wishes to relocate overseas with a spouse who has been deployed, using consular processing will likely be necessary.

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In some cases, it may be possible for the sponsor and applicant to undergo overseas processing (applying using adjustment of status while the sponsoring spouse is abroad), but that is discretionary on the part of USCIS and the U.S. Department of State. More information about overseas processing can be found here.


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