QUESTION
Will the beneficiary be able to adjust her status in the US and if so, what are the necessary steps she will have to take?
Asked on Jul 21st, 2014 on Immigration - Texas
More details to this question:
A friend of mine who's been living in the US for 10 years and her sister who is a US citizen has filed an I130 for her. The I130 has been approved in less than 2 years. Will she have to go back to her hometown?
3 ANSWERS
Bruce A. Coane
In order to adjust status from the 4th preference visa category, there would have to be a visa number available (which takes years), and the person would have to be here in unexpired, legal status.
Answered on Jul 24th, 2014 at 4:06 AM
IF the sister is not in the US lawfully and does not have a valid status, she will not be able to adjust status within the US under the current immigration laws, even when the priority date becomes current.
Answered on Jul 24th, 2014 at 4:02 AM
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If your friend has failed to maintain valid immigration status, she cannot adjust her status on the basis of her sister's approved petition when her priority becomes current. She must go through consular processing and return home for her visa interview.
Answered on Jul 24th, 2014 at 3:48 AM