Person has an approved I-130 petition from United States Citizen father a few years back. Person came to US on tourist visa but went out of status since. Person resided continuously since then in US even when his USC petitioner-father died and continue to reside in the US. Based on the new law signed by Obama in October 2009 (DHS Appropriations Act 2010), can person now adjust status to LPR since his/her priority date is now current? In short, will new law benefit her despite being out of status?
The short answer is yes but there are several conditions to the continued processing of the application notwithstanding the death of the petitioner. The beneficiary must also be eligible to adjust status in the US or, he might have to be consular processed notwithstanding the new law. I will need more details to assess whether the person is eligible for adjustment of status. If s/he is not eligible there are other options to avoid removal proceedings.
You may be eligible to adjust status if you do not have inadmissibility issues and fulfill the requirement pertaining to adjustment under these circumstances.
It has been done in several similar situations.
You are welcome to contact me to discuss the facts of your case if you wish and find a way forward.
Time is of the essence.
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