New York | Immigration Law
10/28/09, 12:06 pm
Legal Question
If a person entered the US on a visitor visa in 1997. Violated his terms of the visa and married a US citizen in 1999. Applied for relative petition I-130, I-485 in 2000. He was granted work authorization, subsequently renewed every year until August 2007. His sister a US Citizen filed I-130 in 2004, which is still pending. In August 2007 his application for work authorization was denied. The reason for denial is that his I-485 was not pending anymore and that it was denied in October of 2003. What is the recourse in this situation? Can the person come under 245(i) or can he get work authorization through his sister’s petition?
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