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My wife is a green card holder. She petitioned for me.Priority date is current and i am in the usa in status .cn i adjust status

Sacramento, CA |
Attorney answers 3

Posted

Yes you can adjust now. You may wish to get help from an attorney.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Ann Elizabeth Block

Ann Elizabeth Block

Posted

I disagree -- it depends =-- see my answer to the first attorney that answered here.

Theodore John Murphy

Theodore John Murphy

Posted

Well perhaps you should explain why a person in status with a current family based visa should not proceed and why a California specialist is needed when there are over 11,000 qualified AILA attorneys that can handle the matter and why the beneficiary cannot handle the matter without an attorney.

Ann Elizabeth Block

Ann Elizabeth Block

Posted

Because (1) apparently the attorneys that answered here were not thinking of all the possibilities of what "status" might mean -- TPS, DACA, U, etc., all of which can be obtained without inspection and (2) the person is in California, and many "qualified AILA attorneys" in my experience are not qualified at all -- there are no "qualifications" to join AILA other than paying the dues. If AILA ever institutes some recognition regarding levels of competency, then I will start referring people to AILA attorneys without prior knowledge of the particular attorney and their level of competency. The beneficiary here may be able to handle the matter without an attorney, but how could you possibly know that without a full consultation with a competent and experienced immigration specialist. What if he THINKS he is in status because he has a B-2 or F-1 but has violated it by unauthorized work. What if he is inadmissible due to 212(a)(6)(C) because he misrepresented his intentions upon his last entry? What if there is a past UP issue that doesn't impact his NIV, but DOES impact his IV? Enough explanations?

Posted

Yes, absolutely you can, at once, immediately.

I would strongly recommend hiring an attorney to make everything done right and avoid any costly mistakes and or delays.

Behar Intl. Counsel 619.234.5962 Kindly be advised that 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.

Ann Elizabeth Block

Ann Elizabeth Block

Posted

I disagree .... not necessarily. Depends if you were last "admitted and inspected" when you entered the U.S. or if you came illegally .... and the current status you hold. For example, if you have TPS status, you cannot adjust status if you last came her illegally. Under current law in the 9th Circuit, however, (if you live in Sacramento, you are in the 9th), you would first have to apply for advance parole through your TPS status, leave and reenter the U.S. to be able to adjust. Also, if you are in some sort of status like F-1 student, and you worked without authorization -- then you violated your status and you would not be eligible to adjust either. So again, it depends -- I suggest you find a California state bar specialist in immigration law.

Posted

Yes, you can file an I-485 since you are in status.

Ann Elizabeth Block

Ann Elizabeth Block

Posted

I disagree -=- it depends on a number of factors. See my answer to the first attorney that answered above.

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