Legal Question in Immigration Law in California

I am a resident and I petitioned my wife in the year 2008, we are from Mexico and now her priority date is already active. She entered the United States with a tourist visa in 1990 which is now expired. As for me I obtained my residence card in the year 2006 in the reconsideration of the Amnesty. Before this in the year 2001 my sister filed a petition on my behalf in which my wife and children were mentioned as a derivative. Therefore we are protected by the so called 245-I, my question is can my wife adjust here in the USA and use this petition as protection because she was mentioned in it? Or did that petition get cancelled because I the principal beneficiary already obtained my residence card and now my wife can�t use it in order to adjust here in the USA?


Asked on 10/21/10, 10:59 am

1 Answer from Attorneys
Charles Medina Law Office of Charles Medina

If your wife has 245 (i) protection and meets the other requirements, she might apply for green card in the US since her priority date is current. You may consult with an immigration attorney on the proper filings.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 10/26/10, 2:19 pm


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