APPLICATION i130 immigrant PETITION FOR RELATIVE UNDER 245(i) APPROVAL NOTICE SENT IN 2005 except we never received it becaus

Asked over 2 years ago - Sacramento, CA

the petitioner (aunt)moved and didn't notify INS of change of address,the derivative beneficiary of this application is still in the US , single, and in good moral character . at the time of approval notice in 2005 she was 20 years old. the primary beneficiary has obtained her US Residency through and US Citizen daughter in 2009, my question please .. can the derivative beneficiary apply for adjustment of status I believe is a 485 and 485 A, ? even though she has aged out?? Thank you so much and God bless.

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    11

    Lawyers agree

    Answered . Only if they did not age out pursuant to CSPA and the principal is or has applied for legal permanent residence.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Curtis Frederic Pierce

    Contributor Level 18

    11

    Lawyers agree

    Answered . Your question raises many other questions dealing with CSPA and 245(i). You need to present all the facts to an experienced immigration attorney.

  3. Luis Alberto Guerra

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Not without the principal.
    ___________________
    Luis A. Guerra, Esq.
    Law Office of Luis A. Guerra, PA
    Atrium Centre
    4801 South University Dr., Suite 252
    Fort Lauderdale, FL 33328
    Telephone: (954)434-5800
    Facsimile: (954)518-4268
    Email: luis@guerralegal.com
    Web: www.guerralegal.com

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    7

    Lawyers agree

    Answered . Have you asked your counsel of record for procedural understanding of that matter?

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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