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Adjustment of Status under Immigration Law

Jamaica, NY |

My sister filed a labor cert before Apr 30, 2001 which was denied.
Being a US citizen I filed a petition for her in 2010 . At that time she was out of status as her visa had expired. When her green card petition is approved , will she have to leave the country for like 10 years or so or can she get my status adjusted here. I have talked to a couple of attorneys and am getting conflicting answers. some say that the fact that she had filed a labor petition before Apr 30, 2001 is enough for adjustment. Others say that the fact that she was out of status when she filed the next petition precludes her from adjustment in the country

Attorney Answers 6

  1. Best answer

    As long as the labor certification was bona fide at the time of filing, your sister should be eligible to adjust her status in the U.S. based on I&N Sec. 245(i). She would have to wait until her visa number (F-4 category) from your petition becomes current. You should definitely contact an immigration attorney.

  2. She cannot adjust status in the US.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

    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.

  3. Unless htere is new immigration reform she probably will not be able to adjust in the USA

  4. Dont think she can adjust status, unless she gets married to a US citizen and the marriage is bona fide.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

  5. Probably not. She could argue that her Labor certification prior to 4/30/2011 was filed in good faith, may be she gets advantage of adjusting her status while in US. Whether USCIS accepts that argument, difficult to say. You should consult with an experienced immigration attorney for review of file and proper presentation of evidence upon demand. Good luck

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012

  6. Your sister might qualify if she properly filed the labor certification. An immigration attorney should help you review it carefully to determine whether she qualifies. She definitely wants to avoid leaving the country, because if she does she may be barred from reentry for ten years.

    By the way, sometimes attorneys will disagree because an issue is unsettled. Heck, we disagree with USCIS attorneys all the time, which why we sue them all the time.

    FREE INITIAL CONSULTATION AVAILABLE. Phone (646) 663-5902. Offices in Queens and Manhattan. Website located at Our responses on this site do not create an attorney-client relationship. Our responses on this website are for educational purposes only and should not be construed as legal advice. Immigration and nationality law is a complex area of law which requires careful review of a person's particular circumstances. Do not rely on any answers provided on this site to make a decision on your case. For proper legal advice, you may contact us for a free initial consultation.

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