Legal Question in Immigration Law in Florida

I entered the U.S. with a visitor visa and later have it changed to a F1 Student Visa and graduated from High School. after graduation my f1 Visa expired and I was out of status.

Later in 2005 my father who is a legal permanent resident made a petition to son over 21 unmarried, my question now is now that my priority date is available for AOS while i am in the U.S. Can I apply for adjustment of status?


Asked on 5/22/15, 6:18 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

This is an interesting case. You are not likely eligible to adjust status due to INA 245(c). That said you are likely eligible to consular process without a waiver. This means yo'd need to depart and then process through the consulate. We've seen this type of case before and would be happy to review your case with you and work with you to help you obtain status. Feel free to give us a call.

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Answered on 5/26/15, 7:21 am


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