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APPLICATION i130 immigrant PETITION FOR RELATIVE UNDER 245(i) APPROVAL NOTICE SENT IN 2005 except we never received it becaus

Sacramento, CA |

the petitioner (aunt)moved and didn't notify INS of change of address,the derivative beneficiary of this application is still in the US , single, and in good moral character . at the time of approval notice in 2005 she was 20 years old. the primary beneficiary has obtained her US Residency through and US Citizen daughter in 2009, my question please .. can the derivative beneficiary apply for adjustment of status I believe is a 485 and 485 A, ? even though she has aged out?? Thank you so much and God bless.

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Attorney answers 4

Posted

Not without the principal.
___________________
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
Telephone: (954)434-5800
Facsimile: (954)518-4268
Email: luis@guerralegal.com
Web: www.guerralegal.com

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

Asker

Posted

WHAT DO YOU MEAN WITHOUT THE PRINCIPAL? THANKYOU,

Asker

Posted

what is the principal please?

Luis Alberto Guerra

Luis Alberto Guerra

Posted

Your mother, the original beneficiary. ___________________ Luis A. Guerra, Esq. Law Office of Luis A. Guerra, PA Atrium Centre 4801 South University Dr., Suite 252 Fort Lauderdale, FL 33328 Telephone: (954)434-5800 Facsimile: (954)518-4268 Email: luis@guerralegal.com Web: www.guerralegal.com

Asker

Posted

thank you for your response. my mother wants to petition her daughter ( my sister) but can she still apply under the date of 2001? and sine they got aproved.. do they have a visa available for my sister? thanyou

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

That is why one needs a professional attorney to complete the case correctly.

Posted

Have you asked your counsel of record for procedural understanding of that matter?

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

Only if they did not age out pursuant to CSPA and the principal is or has applied for legal permanent residence.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

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.

Asker

Posted

thank you for response , how to find out if they have aged out -July 2005- I 130 approval notice sent, age of derivative beneficiary was 20 years old.. and the principal is now a LPResident as of 2009 thank you so much for your help

Posted

Your question raises many other questions dealing with CSPA and 245(i). You need to present all the facts to an experienced immigration attorney.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer!

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