Legal Question in Immigration Law in California

I am a legal permanent resident that petitioned my 3 children with form I-130 in the year 2006 while they were living in Mexico. However now their priority date is ready and they are residing in the United States having come in legally one of them has his I-94 still valid but the other two have their I-94 expired and they are 15 year old twins would they qualify for adjustment of status or would they have to commence a consular process?


Asked on 7/22/10, 12:06 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

If their I-94 (lawful status) had expired and you are not a US citizen -- then, no, they will not qualify for adjustment of status.

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Answered on 7/22/10, 3:16 pm
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

It will depend upon what their intention might have been upon entry (although legally it will be difficult to prove intent.) Thus, if done properly, and no fraud was involved, the adjustment could be filed here. Please contact me for more information.

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Answered on 7/22/10, 10:39 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Since your children entered the country legally with a visa they are eligible to submit their applications for adjustment of status in the U.S. There might be an issue with their entry to the country with the intention to stay. However, I do not think there should be a problem since the 15 year-old twins are considered still minors.

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Answered on 8/03/10, 12:09 pm


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