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I-698 ? Immigration Law Question

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  • I-698 ? Immigration Law Question

    If the I-698 was denied, can the daughter file for her father whom the application was denied (I-698) SHE is a US citizen age 32 file an I-130? Can the wife who is also a US citizen file an I-130? The application is wrongly denied, too long to go into it, "Who can petition him, wife or daughter?" Thanks so much for your help.

  • #2
    If the I-698 was denied, can the daughter file for her father whom the application was denied (I-698) SHE is a US citizen age 32 file an I-130? Can the wife who is also a US citizen file an I-130? The application is wrongly denied, too long to go into it, "Who can petition him, wife or daughter?" Thanks so much for your help.

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    • #3
      Absolutely yes, either one can file a petition. Now, can he adjust his status in the US(I-485) after the I-130 is approved? That's another question. Need more info.

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      • #4
        Thank you for your reply, so your saying his wife who is a US citizen can file the I-130 or his US citizen daughter? Will he adjust status here in the US? oR will he have to go back to his country of birth? he has been in the US since 1982.

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        • #5
          Yes, either one can file an I-130, is better if the daughter does it, and If he was inspected at a POE by an immigration officer when he last entered the US back in 1982 he could qualify for adjustment of status in the US, if he was not inspected(EWI) he may still qualify under the new "waiver/extreme hardship rules" been proposed right now by USCIS, if approved it won't be an adjustment of status , he will have to travel outside the US to get his visa at a US embassy but the 10 year bar will not be applicable to him.

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