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My son has an I-visa.......if stopped working as journalist 4 years ago, can my son still adjust his status?

Phoenix, AZ |

I'm a US citizen sponsoring my son (unmarried / over 21).
My son entered the country legally as a journalist with an I visa. He stopped working as a journalist in 2007. Can he still adjust his status? We have an approved I-130.

Would appreciate your advise.
Thank you.

Attorney Answers 3

Posted

Not unless his is covered under section 245i of the law.

Please click the link at the very bottom for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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2 comments

Asker

Posted

Thank you Mr. Shusterman. I filed for my son in 2005. I guess that' s not covered by 245i. Is there any other way he can adjust? He also obtained a college degree here in the US, would that matter? Both me and my daughter are citizens...does that help his case? Thanks again. Gustavo A.

Asker

Posted

Also, my son arrived in the US on Sep 2000, and received his I visa at 08/2001.

Posted

I agree with my colleague. Unfortunately, because he failed to maintain his status, your son is ineligible to apply for adjustment of status unless he is grandfathered under section 245(i) of the Immigration and Nationality Act (INA).

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8 comments

Asker

Posted

Thank you Miss Heflin. I filed for my son in 2005. I guess that' s not covered by 245i. Is there any other way he can adjust? He also obtained a college degree here in the US, would that matter? Both me and my daughter are citizens...does that help his case? Also, my son arrived in the US on Sep 2000, and received his I visa at 08/2001. Thanks again. Gustavo A.

Alicia Marie Heflin

Alicia Marie Heflin

Posted

Hello, Gustavo. Could we set up a time to meet or talk by phone to discuss your son's options in greater detail? I can be reached by email at: amheflin@heflinlawplc.com or by phone at (602) 710-2217. I look forward to speaking with you.

Asker

Posted

Miss Heflin, thank you for the phone call the other day. I just watched the news about the new immigration reform for path to citizenship for unauthorized immigrants in the US. Can my son benefit from this reform. Thanks again. Gustavo A.

Alicia Marie Heflin

Alicia Marie Heflin

Posted

You are very welcome, Gustavo. It was a pleasure speaking with you. The blueprint for reform announced today may help your son obtain legal status. However, it is too soon to tell since there will be many months of legal drafting and negotiating ahead before we will have a better idea about how reform will actually impact individuals like your son. I definitely recommend following this legislation closely! Best regards, Alicia

Asker

Posted

Great encouraging news......I appreciate all your kind service and help. Hopefully we will be in touch in a few months. Best regards, Gustavo.

Asker

Posted

Hello Miss Heflin. Any updates regarding the new immigration reform?........for my son's green card.... Thank you. Gustavo A.

Alicia Marie Heflin

Alicia Marie Heflin

Posted

Hello! Reform has been proposed and is currently being debated in the Senate. It will likely be several months before any legislation is voted upon and we will be able to discuss with more certainty if and how your son will benefits from reform. Take care, Alicia

Asker

Posted

Thank you for the update...

Posted

I, too, agree.

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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