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What exactly does 201 (b) mean?
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What exactly does 201 (b) mean?

My wife's visa says she may not apply for change of residence, unless she is eligible under section 201 (b).

To me, this seems like it's saying the only way she CAN apply is if she's married to an American citizen (me).

Am I right?


    




Fred S
Rating
INA section 201(b) refers to aliens not subject to direct numerical limitations. That group includes children, spouses, and parents of a citizen of the United States.

As you are a U.S. citizen, your spouse is included in those aliens descirbed in Section 201(b) of the Act. I believe that CIS informed you that she could not adjust status unless she is eligible for immigrant status pursuant to section 201(b) which she is.

So, yes, you're right. She can apply for adjustment of status using form I-485.


Larx
Rating
IANAL

As far as I can tell, 8CFR Section 201(b) was repealed. It currently has no meaning.

Your on the fuzzy side of the law here. I am not a lawyer. Find a professional.





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