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.
Not without the principal.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
Criminal Defense Attorney
Have you asked your counsel of record for procedural understanding of that matter?
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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 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.
Your question raises many other questions dealing with CSPA and 245(i). You need to present all the facts to an experienced immigration attorney.