ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 18

Thread: Adjustment of Status

  1. #1
    A permanent resident files I-130 for spouse and children living in Mexico. Spouse and children are approved for K3 Visa. They enter the US with the visa in 2003. The visa has now expired. The original petition (I-130) requested consular processing in Ciudad Juarez, Mexico. Since the family entered with inspection, can the adjust status in the US?

    Thanks.

  2. #2
    A permanent resident files I-130 for spouse and children living in Mexico. Spouse and children are approved for K3 Visa. They enter the US with the visa in 2003. The visa has now expired. The original petition (I-130) requested consular processing in Ciudad Juarez, Mexico. Since the family entered with inspection, can the adjust status in the US?

    Thanks.

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Delia:
    A permanent resident files I-130 for spouse and children living in Mexico. Spouse and children are approved for K3 Visa. They enter the US with the visa in 2003. The visa has now expired. The original petition (I-130) requested consular processing in Ciudad Juarez, Mexico. Since the family entered with inspection, can the adjust status in the US?
    </div></BLOCKQUOTE>

    is the permanent resident now a citizen !? K3s are for the spouses of US citizens.

    Yes, after the approval of I-130 they can adjust status in the US.

  4. #4
    No the petitioner is not a US Citizen. I am uncertain as to what type of visa his family received, maybe the K1? - at any rate, since he is not a citizen, can his family still adjust status in the US?

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Delia:
    No the petitioner is not a US Citizen. I am uncertain as to what type of visa his family received, maybe the K1? - at any rate, since he is not a citizen, can his family still adjust status in the US? </div></BLOCKQUOTE>
    Is it V visa?! If the petitioner is still PR, spouse and children can file for adjustment of status only when there is an immigrant visa number available to them according to Visa Bulletin
    http://travel.state.gov/visa/frvi/bu...etin_3143.html

    Has the I-130 been approved? When it was filed?

  6. #6
    Actually, the family came in to US with a V visa.

    They are now being asked by Dept. of State to provide copy of current passport.

    Can they fill out I-485 and adjust status in US?

  7. #7
    was I-130 filed before 15 AUG 2000?

  8. #8
    Yes it was. Their V visa was issued in July of 2000. They entered the US with that visa in Aug. 2000.

  9. #9
    First of all, these beneficiaries are eligible to adjust under 245(i). Which is just legalese for they can most likely adjust here. Assuming no special problems, they should be able to adjust without even needing a waiver. They will have to pay an extra $1000 to the DHS and file the 245A supplement.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  10. #10
    Delia, did they enter in 2000 or 2003(first post)?
    If they entered in 2000, that would mean I-130 was filed in 1997 or before and they were eligible to adjust status long time ago...

    Now, according to Visa Bulletin, spouses and children of PR on whose behalf I-130 was filed before 15 Aug 2000, may file for the adjustment of status. BTW, has I-130 been approved?

    However, their V status has expired some time ago and they didn't renew it (in 2 year intervals). So, I am not sure if they can adjust status now without complications (not immediate relatives of USC, V-visa holders are under some special rules)... On the other hand, it may be as simple as senowen is saying..

    I find it odd that Dept. of State would ask for copies of passport just out of blue.

    Maybe a consultation with a lawyer would be a good idea.

Similar Threads

  1. Help with Adjustment of Status
    By RJ in forum Immigration Discussion
    Replies: 2
    Last Post: 10-31-2006, 12:23 PM
  2. HELP on status adjustment
    By Stevie in forum Immigration Discussion
    Replies: 5
    Last Post: 08-13-2004, 09:40 AM
  3. adjustment of status
    By malgosia in forum Immigration Discussion
    Replies: 2
    Last Post: 10-24-2003, 10:41 AM
  4. What name to use for Adjustment of Status?
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 01-03-2003, 05:24 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: