My friend has an approved form I 130, which was approved in 2005, form I 435 was not submitted. My friend just turned 21. Can he be deported now? What should his next steps be? Thanks
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Read More Answered By: Marc Seguinot |
It sounds to me as if he may be waiting for a visa to become available. If the I-130 was filed before he turned 21, and it was filed after 2001, he may be protected under the CSPA, child status protection act. This means that his category will not change after he turns 21, and he will still be considered a "child" for purposes of his adjustment. The tricky part is determining who filed for him and what category he is in to determine visa eligibility. If his visa priority date is current, he can file his I-485. I would contact a good immigration lawyer to find out what the particular facts of the case are and whether he can proceed to file for his adjustment of status at this time. Good luck! |
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