Legal Question in Immigration Law in Georgia

Not Inspected When Entering, Still Eligible?

When I was one year of age, my family brought me into the US from Mexico. I have lived in the US ever since and now reside in Georgia. Although I have a valid SS# from a previous petition from my father, he was deported and the case was thrown out. I've engaged in a relationship for two years with a US Citizen and have recently learned that we are expecting and due in November. We want to get married, and would like to know if I would be eligible for adjustment of status since I wasn't inspected when entering the country seventeen years ago. I didn't enter willfully, but I don't know if that will make a difference. Although we will get married regardless, attaining legal status would make many things much easier on both of us as college students and new parents.


Asked on 3/14/06, 12:02 am

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Not Inspected When Entering, Still Eligible?

First let me say that your situation, although dire and troublesome, is unfortunately the fate of many people living in America.

There may be some good news for you however - you stated that your father had filed an Immigration related Petition in the past, but that it was "thrown out" and he was deported.

If this particular Petition was filed on or before April 30, 2001, you may be eligible to adjust your status to green card pursuant to 245(i) Amnesty.

To be eligible to take advantage of 245(i), the person must meet the following requirements:

Physically present in the U.S. on December 21, 2000;

An immigration petition or a labor certification application has been filed for the benefit of the alien on or before April 30, 2001; and

The immigration petition or the labor certification application must be approvable at the time of filling. (It means that the application is good on its face).

If eligible, you must pay the penalty fee of $1,000.

Please contact our law office to schedule an in depth consultation to determine if you qualify for such relief. If not, then there may be other options available to you.

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Answered on 3/14/06, 1:25 am


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