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Question About Adjustment Of Status Parent Of US Citizen

Sandra asks…

Question about Permanent Resident parent who just became US Citizen?

Hi. Here’s the scenario.

Legal Permanent Resident (LPR) parent petitions for EWI daughter in 3/1991 when she is 19 years old. This I-130 is approved, but no visas immediately available at that time.

Daughter turns 21, ages out, still no visa available for her. Parent still LPR. Daughter marries at 27. Parent still LPR. Obviously, at this point, the daughter can no longer benefit from the I-130, because she is the “married” daughter (over 21) of a LPR parent. Just a few months ago, LPR parent became a US Citizen.

Here is my question: Since visas are now available for sons/daughters over 21 of US Citizen parents (3rd preference) of priority date of 3/1991, can the daughter file for Adjustment of Status based on her mother’s Citizenship status and still retain the 3/1991 priority date?
Sorry, forgot to mention, this is a 245-i case, daughter entered EWI, but is protected by 245-i.

Best Answer:

If the daughter entered without inspection (illegally) there never will be a visa for her
an illegal cannot adjust status in the US …

If the daughter left the US ..at the time the period of her ban may be up ..
If she is still in the US …deportation is the only future

go see an Aila lawyer

for 245i you most definitely do need a good lawyer
its geting to be quite old and few cases are still around

Posted From Yahoo! Answers (for informational purposes only)

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