Adjustment of status eligibility?

Asked over 4 years ago - Boston, MA

I'm a permanent resident. Can my wife adjust status, she overstayed tourist visa (been two years). she has an approved i-130, and her priority date is current. do i have to be a citizen to overcome the overstay. is there any way around her leaving, and facing the 10 year bar. her I-130 was filed in 06. thank you

Attorney answers (2)

  1. Sandra Renata Calderaro

    Contributor Level 13

    Answered . Unless she is eligible to file a residency application based on Section 245i (which requires that she have been in the U.S. in December 2000 and that her I-130, or other such petition, have been filed by the end of April of 2001), then she would not be able to adjust based on your I-130 until you become a U.S. citizen. It appears from the information you have provided that she is not 245i eligible based on this I-130 petition - was there any other application filed on her behalf?
    Please speak with an immigration attorney to discuss the particulars of your case.

    Should you need any clarification, please do not hesitate to contact our office.

    Best regards,

    Renata Calderaro, Esq.
    The Calderaro Law Group
    Immigration Attorneys
    12550 Biscayne Blvd., Ste. 800
    Miami, Florida 33181
    305-938-8391 Telephone
    305-938-8392 Facsimile
    212-335-4920 Venezuela
    rcalderaro@visamiami.com


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  2. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    Answered . I will agree with Sandra. Are you not eligible for citizenship? You might want to consult with an attorney in this case.

    Good Luck
    Shah Peerally
    Founder and Managing Attorney of Shah Peerally Law Group PC
    Law Firm Deals in Immigration law, Bankruptcy & Debt Relief



    Note: The above answer is provided for informational use only. One should not act or refrain
    to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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