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

Asked about 1 year ago - 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)

  1. Daniel Warren Thomann

    Contributor Level 15

    5

    Lawyers agree

    Answered . 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!

    www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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 http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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 www.... more
  4. Stephen D. Berman

    Contributor Level 20

    Answered . 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... more

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