QUESTION
Can my cousin adjust her status under 245(I) if she overstayed her visa?
Asked on May 31st, 2013 on Immigration - California
More details to this question:
My cousin has overstayed her visa. She came to the United States on J1 visa on June 8, 2000, which later was changed to B2 visitor’s visa. Her grandfather as a United States citizen filed a visa petition for their family on January of 1999. But due to long wait time, she turned over 21 and was not able to get her green card together with her parents. Currently she is unmarried living in United States, California illegally, but her parents are permanent residents.
5 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It is possible she is under 245(i) and can adjust under the CSPA. However, there is also a possibility of derivative citizenship. e.
Answered on Jun 12th, 2013 at 9:39 AM
She can adjust her status under 245I BUT she needs to do so with an approved underlying petition since she aged out of the one her grandfather filed. So, her parents could file for her and once the priority date is current (can be another 5-7 years) then she can adjust status relying on the 245I.
Answered on Jun 05th, 2013 at 9:12 AM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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Since she has aged out to be derivative of her grandfather's petition, one of her parent should file a petition for her. It would still take several before she can adjust.
Answered on Jun 04th, 2013 at 12:42 AM
Your cousin may be eligible. However, it depends on the eligiblility of the principal family member that her grandfather filed for (I assume his daughter or son). She should consulte an Immigration Attorney to review the paperwork and walk her through the process as well as help her prepare the applications if she wants.
Answered on Jun 04th, 2013 at 12:42 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Yes, she can likely be grandfathered in using section 245(i). However, she will need an independent way to qualify for the new Adjustment. For example, had an employer sponsor her. If she were to marry, she will not need section 245(i).
Answered on Jun 04th, 2013 at 12:42 AM