Legal Question in Immigration Law in California

I am a Legal Resident and I filed a petition for my wife in the year 2006 her priority date is now active and she last came in with a visa on January of 2010 and she also has a petition through her father which he submitted back in 1992, she has not lived here before December 2000 and her I-94 will expire in a month can she still adjust here in the U.S or does she need to go out of the country through the NVC process? She is from Mexico.


Asked on 7/06/10, 10:32 am

3 Answers from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Since your wife's priority date is current, and she entered the U.S. legally, she can file adjustment of status concurrently with related applications such as employment authorization and advance parole document applications, etc. She can continue to remain legally in the U.S. and adjust status in the U.S. without having to depart the U.S. We have additional information about family sponsorship categories and priority dates here: www.h1b1.com/sponsor.htm

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for additional guidance.

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Answered on 7/06/10, 1:46 pm
Charles Medina Law Office of Charles Medina

She might be able to file a green card application in the U.S. since she is in legal status and the priority date is current. We suggest you to consult with an immigration attorney for the proper filing.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 7/06/10, 2:06 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Your wife might be able to apply for permanent residence and adjust her status in the US since she entered the country legally. However, there are other factors that should be taken into consideration, such as information provided on your petition and her visa application.

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Answered on 7/12/10, 2:45 pm


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