Legal Question in Immigration Law in California

derivative benefit for spouse under 245(i)

Hi, my wife filed for a labor certification on April 92001, got aproved and filed for I 140, while waiting for the aproval we married on October 2005, on June 22 2006 she received the aproval for the I 140. I485 filling is pending to see is I could adjust too.

I entered without inspection on 1993, never applied for any immigration procedure, curently out of status.

Can I adjust status together with my wife as a derivative from principal?

Please help ! I'm confused.


Asked on 7/13/06, 9:26 pm

1 Answer from Attorneys

Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: derivative benefit for spouse under 245(i)

Yes, your application to adjust status must be processed with your wife's application. You qualify to apply for derivative status.

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Answered on 7/14/06, 12:05 am


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