Skip to main content

I have an approved f1 i-130 but Is it wise to apply for adjustment of status after residing in the USA as illegal immigrants?

Atlanta, GA |

I came into the country legally in 2002 on a class b-2 visa. My mother is the petitioner for me. She submitted d form last year and I just got an approval letter in June 25 2013. Can I file 245(i), be grandfathered, what are my options please? I really don't want to have to leave the country-- thank you.

Attorney Answers 4


I don't see how you qualify for 245i ... further, I assume that you're over 21 .. thus, you can adjust as an immediate relative.

Talk to an attorney ... it might be wise to wait and see if CIR happens this year.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

2 lawyers agree


I agree with Professor Capriotti.

Free Consultation Anywhere in USA | 626-399-4194 | |

Mark as helpful

1 lawyer agrees


Nothing in your posting indicates you are eligible for 245(i).

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.

Mark as helpful

1 lawyer agrees


If you are under the age of 21, you may be eligible to adjust without 245i.

On the surface, your case does not appear to be one that falls under 245i . However, it is worth reviewing your case, your mother's case and considering all possible avenues. Although the government website is good, it is not a substitute for an immigration attorney.
Give us a call to review your case and mention AVVO 770-642-6075

Best wishes

Mark as helpful

1 lawyer agrees

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics