MY HUSBAND IS AN LPR WHICH HE GOT THROUGH AN I-140 PETITION. CAN I APPLY FOR ADJUSTMENT OF STATUS?

Asked over 1 year ago - 11372

MY HUSBAND IS AN ALIEN GRANDFATHERED BY SECTION 245(i). HE WAS PETIONED THE FIRST TIME BY HIS EMPLOYER IN 1997 (I-140). A NEW I-140 PETITION WAS FILED ON HIS BEHALF ON 11/2006 AND APPROVED ON 2007. WE MARRIED ON 02/2006 AND I WAS INCLUDED IN HIS I-140 APPLICATION. I CAME TO NY IN 2002 WITH A VISA, WHICH EXPIRED ALREADY. WE HIRED A LAWYER TO PREPARE THE ADJUSTMENT OF STATUS. HE PREPARED THE APPLICATION ONLY FOR MY HUSBAND. NOW MY HUSBAND IS A PERMANENT RESIDENT. I AM ALSO HERE IN NEW YORK. I WOULD LIKE TO KNOW IF I CAN APPLY FOR ADJUSTMENT OF STATUS BECAUSE I AM THE DERIVATIVE BENEFICIARY OF THE PRINCIPLE BENEFICIARY. DO YOU KNOW OF ANY CASES SIMILAR TO MINE?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . According to the Yates Memo of March 9, 2005. When the derivative beneficiary’s relationship to the principal has come into existence after the filing of the grandfathering I-130 or Labor Cert, but before the principal beneficiary adjusts status. Such individuals are not independently grandfathered under 245(i). Nonetheless, USCIS will allow such after-acquired derivatives the benefit of filing an adjustment
    of status application under 245(i) if and only if they are adjusting status along with or following
    to join the principal beneficiary. That means you are fine and can follow to join your husband within a two year period counting of the date of his adjustment. It is very unfortunate that it was not done contemporaneously.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Dinara Maylov

    Contributor Level 18

    5

    Lawyers agree

    Answered . 245(I) issues are confusing and complicated. Please hire an immigration attorney tory and tackle your situation.

  3. Gintare Grigaite

    Contributor Level 18

    4

    Lawyers agree

    Answered . According to Section 245(I) regulations an the Yates' memo, you may. You may also have your husband petition for you. Whichever option you choose, make sure that you have an experienced immigration attorney to assist you with this process.

    Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New... more
  4. Michael Aaron Neufeld

    Contributor Level 12

    4

    Lawyers agree

    Answered . If your husband is an LPR (Legal permanent resident) and you entered legally and don't have any bars you are not informing us about then there are possibly ways to get you an adjustment of status, it would be even easier if he were a citizen. Sounds like you guys already have an immigration lawyer you should call him or her.

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Related Topics

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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