the new law which obama signed last oct 29 2009 which does not revoke the petion if petioner dies and we fall on f2b category over age single, our petition i130 priority date is already current but the problem is we are already out of status for a long time and we dont have the benefit of the 245i can we still adjust our status
2 Answers from Attorneys
Most likely, the answer is no. If you are not protected under sec. 245i and are out of status, you are not eligible for adjustment of status.
If you’d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know and I’d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn’t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
Because you have already been out of status for a very long time and have a priority date, you will have to wait for the interview to discuss your situation with the immigration service.
USCIS will also want to know how you have been supporting yourselve if the petitioner has died.
They will also want to know if you working and paying taxes.
Related Questions & Answers
I need your help.I am in US since 1996. I came on a H1B visa and then got my green... Asked 12/05/09, 10:11 am in United States New Jersey Immigration Law
Hello! I would like to how could I receive a work visa? Asked 11/30/09, 10:24 pm in United States New Jersey Immigration Law