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My wife filed a I-130 petition.. I don't qualify for adjustment of status inside the U.S. what are some choices I can make?

Nashville, TN |

I entered when I was 9 years old. My father was petitioned by his brother back before April 30th of 2001. I was told that I can be grandfathered by the 245i.... but someone else told me I don't so I'm kind of confused on that. What exactly are the requirements to use the 245i. Also, would me applying for the deferred action (DREAM Act) help me qualify for adjusment of status without leaving. I know I could fill the 601-A for the waiver but I prefer an option where I don't have to leave the country. I just recently had a baby and I'm the main provider in my home so me leaving would cause us problems.

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Attorney answers 3

Best Answer

Unfortunately, DACA would not be an option to help you adjust status. The requirement for 245i is that the petition be approvable when filed. To know for sure if you would qualify under your father's petition, we would need more information. It's more than what this forum offers. I suggest you consult with a reputable immigration attorney about your case. You can find one using the link below.

Even if you have no option but leave the country, the purpose of the I-601A is to reduce the time you need to stay outside of the country. You would already leave the US with a conditionally approved waiver, and your interview process shouldn't take longer than one month. But this is a complicated process, and the help of an experienced attorney is always recommended. Good luck.

[This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


If you were under 21 years of age and single when when your uncle filed a visa petition for your father, you may qualify to adjust your status in the US under section 245i.

(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.


I agree with both Carl and Fernanda. You may be eligible to apply for adjustment of status under 245(i), depending on how you entered the US you may be eligible to apply for adjustment of status as the spouse of a US citizen without needing to be eligible under 245(i), you may be eligible for DACA which might allow for a travel document which would provide options, and if none of these are an option then you might be eligible to apply for the I-601A waiver. But you would need to consult with an immigration attorney in order for the attorney to get the details about you and your siyuation in order to determine what options, if any, are available and best for your situation.

Ari Sauer
Memphis Tennessee Immigration Lawyer
(901) 507-4270

Disclaimer: The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice without first consulting with an immigration lawyer and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Ari Sauer is licensed as an attormey by the States of TN, NY & NJ, but is able to represent clients throughout the US. Practice limited to US immigration law. Neither NY, NJ nor TN offer certification as an Immigration Specialist. This is an advertisement.