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AOS through Family Petition F1 and 245i, priority November, 2006.

Silver Spring, MD |

I entered the USA in August 2000 at age 16 without inspection. I got TPS in May 2001 at age 17. I have not accrued any unlawful present because I still have TPS. I also went to my country with advance parole in 2010. My question is should I process my AOS using the regular method because I am still in lawful status when my priority date becomes available this year? My mother adjusted her status with 245i through employment, but I could not because I was over 21 in 2006. So she filed a F2B, but now it is F1. I would like to avoid paying the $1000 fee for 245i, but my concern is that USCIS may deny my AOS because I entered without inspection in 2000. Thank you.

Attorney Answers 3


That is a pretty good grasp on your situation. It sounds like you may be able to adjust status (if you have a current priority date) without any obstacles. Before proceeding, think about talking to an immigration attorney to sit down and figure out your situation. You don't want to miss anything before applying. Good Luck.

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You raise an interesting question. I believe that INA 245(c)(2) could cause you a problem, unless you include I-485 Supplement A, because you "failed to maintain continuously a lawful status since entry into the United States." I strongly suggest that you consult with an immigration attorney about the situation.

(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.

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Maybe, maybe not.

The Court of Appeals for the Ninth Circuit has stated that immigration laws are "incredibly complex" in nature.

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.

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