Legal Question in Immigration Law in California

My sister patition me under 245i in 2001, which will be come current in the next couple of months. (my priority date March 2001). I came to the US with EWI thru canada. My question is. Since I'm under 245i. Am I cover or should I be concer about EWI when I go for an interview, can they deny me? I have a good job and pay taxes. Thank you for your time to answer my questions.


Asked on 6/08/10, 8:39 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

EWI is always a valid concern when one applies for adjustment of status. However, if your priority date, as you say, is March 2001, and if you are otherwise protected by INA sec. 245(i), you might be able to apply for adjustment of status and pay an additional fine to the USCIS. If you need help, please let me know.

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Answered on 6/08/10, 1:24 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Once your priority date becomes current you are eligible to apply for adjustment of status in the U.S. Since your sister petitioned for you in March 2001 you are covered under section 245i, a law that allows an illegal alien to adjust status if he/she was a beneficiary of an immigrant petition filed before April 30, 2001.

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Answered on 6/14/10, 9:30 am


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