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Can I adjust my status based on 245i ?

Seattle, WA |

My US citizen brother petitioned for me , while I was still living in Mexico on 06 / 20 / 1996 . Our I - 130 was approved . I also listed my husband and my four children on the I - 130 . I was notified by NVC that a visa is now available . We entered the US in Nov . 1998 , with no permit or visa and were not inspected . My question is : Can I apply for adjustment of status in the US and pay the $ 1000 penalty ? Can my husband and children do the same ? My children were all under 18 when the application was submitted but they are all now over 21 . Thank you .

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Attorney answers 3


Yes! Assuming you are othereise not inadmissible, you can adjust status under 256(I) and your husband. Your children may or may not be able to depending on timing/age factors. I encourage you to have a detailed thorough consultation with an experience immigration attorney to verify admissibility, priority date (NVC often notifies early to begin the process), and processing issues (you won't want to proceed with NVC if you can adjust in US)

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.


No. The alien must have been physically present in the United States on December 21, 2000;
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You may now have another problem: "illegal presence." Before attempting to adjust status talk with an experienced immigration attorney.

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.

J Thomas Smith Ph.D.

J Thomas Smith Ph.D.


It doesn't appear that you can adjust under 245-I.


It would appear so.

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.