My stepfather petitioned me in 2005 when I was underage and have an I-130 approval. In 2008 I got married to a us citizen and have a daughter, he petitioned me as well and we went to the interview but it was denied because I was not cover by the I-245 law. I came to the US when I was 8 y/o Without inspection. I got divorce few years ago but Ive been having Daca since it came out and in January of this year I applied for the advanced parole, left to my country came back already. My stepfather past away last year in the summer but I was told I can still apply for adjustment of status (I-485) with the I-130 approval I had with him when he petitioned me in 2005. Is this possible?
The petition dies with the petitioner. Unfortunately, your dad's petition is void and you need to find other ways to become legal. However, since you are married to a USC you should be able to adjust now if she apply for you. Feel free to contact one of us on Avvo.
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The only possible way to revive your I-130 is to find a substitute sponsor. Is there anyone else who can step in for your step dad? That's your only chance of reviving this petition. Otherwise you will have to find another way to remain the USA.
The above reply is not actual legal advice and should be construed as such; this reply does not constitute an attorney client relationship and is offered only for general informational purposes. Please consult an attorney for more detailed and personalized assistance.
You would need a substitute sponsor to step in for your stepfather. However, the fact you were paroled into the country on advanced parole is the great thing because if you get that immediate relative you are able adjust in the U.S.
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