I am an Iranian national. In 2002 I were admitted as a lawful permanent resident (LPR) of the US as the derivative daughter of my mother who was the principal beneficiary of an approved petition filed by her US citizen mother sometime in 1996. After admission as an LPR I departed the US and remained outside for 7 years. In attempting to return to the US in 2009 I were placed in removal proceedings as an arriving alien and charged with abandoning residence. In removal I argued that you I not intend to abandon residence and alternatively requested defensive asylum. All forms of relief were denied by Judge in December 2014. My case was briefed in April 2015 and is pending before the BIA. my mother filed an I-130 for you in December 2010. my fiancé is currently filing for LPR status under the NIW category (EB2) .
I know, To adjust status I must have a legal entry and maintain status. To fix this i was wondering if I have coverage under Section 245(i) of the INA? since I have never previously adjusted with it, and I were admitted as a resident from outside the us.
Section 245(i) may not apply to you as a derivative beneficiary, nor does CSPA. However, you are advised to schedule a confidential consultation with a qualified immigration attorney in your area to allow the attorney to analyze all legal provisions to give you a more comprehensive answer.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You have described the case of many procedurally challenging actions without a good immigration attorney. Now, how do you expect to get any sensible result without one competent, attentive and professional counsel working on your very elaborate case?
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and 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 professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
I agree with the attorneys above. There are a lot of issues in your case. I believe it would be irresponsible for an attorney to provide you with advice on Avvo without looking at your documents and asking you questions IN person and in private. There are a lot of complexities here and you may have 245(I) protection and you may not. The best advice I can give you is to go see an attorney. Best of luck!
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