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.
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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.
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