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  • Immigration Law Question

    Can a US citizen petition for son 25 years old, unmarried, who is out-of-status? I-130(originally filed when petitioner was permanent resident) is approved and priority date is May 12, 2007. The son has RN license. Also, once the visa becomes available, does the person have to leave the country?

  • #2
    Can a US citizen petition for son 25 years old, unmarried, who is out-of-status? I-130(originally filed when petitioner was permanent resident) is approved and priority date is May 12, 2007. The son has RN license. Also, once the visa becomes available, does the person have to leave the country?

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    • #3
      Most of this was answered previously.

      You do not need to file a new petition. The current one can be upgraded by writing to the USCIS with a copy of the naturalization certificate.

      Whether the beneficiary is eligible to adjust status depends on how he entered the US and when the I-130 was approved. If he entered without inspection and the I-130 was approved after 1997, he would have to return to his home country for Consular Processing.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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      • #4
        My understanding is that only the spouses of US Citizens can adjust in US if entered legally and currently out of status.
        I might be wrong, so check with a reputable immigration attorney.

        As to 245(i) grandfathering provision for EWI, the cut off date is not 1997 but April 30th 2001, and not the entrance but any bona fide immigrant petition.


        Good luck.

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        • #5
          The spouse only rule applies to VWP.
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
            The spouse only rule applies to VWP. </div></BLOCKQUOTE>

            They change some rules too often, not sure what rules apply to VWP now ( I think VWP's now may adjust as other visa entrants, as opposed to few years ago).

            In any event, AOS with expired visa is still limited to spouses of USC with the possible extension of rule to their parents and underage children (neither of latter two am certain of and remember reading pleas of children and parents not able to adjust due to overstay).

            This is fairly simple question though, all you need to do is google for "free initial immigration consultation" , dial some toll free number and ask one of practicing attorneys ( assuming you can't spend anything at all to hire or consult one in the office).

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