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My husband is an overstay. Can I include him in AOS application?

Milwaukee, WI |

I have an approved I-140 and my company will now start processing my AOS. My husband is an overstay but he grandfathers the benefits of 245i. (His dad has an approved I-130 on October 1992. He aged out of this petition.) Can I include him in my AOS application and use 245i so he can adjust status here in the US? Thanks.

Attorney Answers 4


If he is in fact grandfathered for 245(i), then yes.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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.

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Generally, yes - but in addition to making sure he really is grandfathered, you need to make sure no bars apply that 245(i) does not waive. For example: if he left the US at some point he may be subject to a departure bar that 245(i) does not waive. I suggest discussing the details with an attorney. Good luck! - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

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Maybe. However, you need to reatain an experienced Immigration Attorney for assistance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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He should be able to adjust under 245(I).

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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