QUESTION
Can my uncle adjust status based on I-130 with VD
Asked on Jan 24th, 2017 on Immigration - Illinois
More details to this question:
Hello, My uncle has an I-130 approved based on his USC sister. It was approved in 1998. However he also has a Voluntary Departure dated December 27, 2001. He did not leave the country. Is there anything that can be done for him? Does he have to leave the country? Can he just apply for adjustment of status based on the approved I-130?
1 ANSWER
Your uncle has a complicated case. He may be able to adjust status in the U.S. if he is grandfathered under INA 245(i). He will need to reopen his prior deportation/removal proceedings first. He cannot simply file for adjustment of status. I encourage you to consult an experienced immigration attorney for an assessment. You can read more at http://myattorneyusa.com/life-act-adjustment-of-status.
Answered on Jan 24th, 2017 at 1:53 PM