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¿Do I qualify for 245(a)?

Fairfax, VA |

My name is Luis, I entered the United States with a tourist visa B1/B2 on December 24, 2001. At that time I was 21 years old,

My tourist visa ended in June 2002 and since then I have been in the US with no visa or work permit. I applied for a VISA I130 (I130-IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN.) being my priority date DEC 30,2002.
My father became US RESIDENT on 2002 and then US CITIZEN in 2005.
I got the Approval notice (i-797)on Feb. 23, 2005. Then I got married on October 2008 (my wife is not a US resident/citizen), I sent my marriage certificate to the National visa center and they updated my Preference category to F-3.( F-3 MARRIED SONS & DAUGHTERS OF US CITIZEN
¿Do I qualify for 245(a)? ¿Do I have to leave the US in order to adjust my Statues? ¿Do I qualify for the provisional Unlawful presence waiver( I-601A) ?

Attorney Answers 6


  1. There are a number of questions that an attorney will need to find out from you in order to best answer your question. Namely, are you protected under 245i? What is your history--are you inadmissible for any reason? Assuming you are not inadmissible (other than unlawful presence if you depart) and assuming you are not protected under section 245i, the provisional waiver (I-601) is an option to consider. Whether you'll be approved depends largely on potential hardship to your citizen father. Again, talk all of this through with an attorney. Most of us are available via phone or Skype.

    Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- www.khurgel.com -- Contact information below. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / *Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


  2. At first glance, you don't appear to qualify ... you're over 21 ... thus your father being a US citizen puts you into FB-3.

    Thus, you probably need to go home to get the visa ... and to get a waiver.

    Meet with an attorney before you do anything.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. Whether you qualify for adjustment of status depends on the facts of your case. I would feel hesitant giving you a definitive answer without having reviewed the entire file first.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Not on the facts you give. You will need the I-601A.

    The Court of Appeals for the Eigth Circuit has stated that "immigration laws and precedents are complex."

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  5. You have not maintained lawful presence in the US, and therefore you would not be eligible to adjust your status while you remain in the US. You would need to depart and go to a US Consulate outside the US for your immigrant visa interview. It appears that you are likely eligible to apply for the I-601A Provisional Waiver. You would need to show that denial would result in extreme hardship to your US Citizen father and/or US Citizen mother.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  6. You need to consult an immigration attorney. Based on the facts you have given you do not qualify for 245i and will need a I-601 waiver.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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