Legal Question in Immigration Law in Massachusetts

Eligibility to adjust status
I came to the states with B2 visa in 1991. Changed the B2 to F1 visa before B2 expired. Applied for a political asylum 3 months after my F1 expired. My asylum case has been pending since applied. Ins has been issuing me an EAD every year. My company has sponsored me for Labor certification and the application was submitted to INS by April 27, 2001. However, my company has withdrawn the petition after a year. My wife also sponsored through her company and her labor was approved. However, her application was submitted in June 2001. She has petitioned me to adjust my status through her. We both have filed for I 485. I just heard from INS that I might not be eligible to adjust my status because my wife paper was not submitted before May 1, 2001. I have not told to INS that my company has submitted a petition before May 1, 2001. My question to you:
Can I use the petition that was submitted through my company so I can qualify for 245(i)?
What about 245(k) since I have not been out status for more than 180 days.
Am I considered to be out of status for the period that I was in a pending asylum case?

Finally, What would be my best bet to adjust my status?

Thanks!

--name removed--

Asked on 4/21/04, 4:17 pm

Amy Ghosh Law Offices of Amy Ghosh

0 users found helpful

0 attorneys agreed

Re: Eligibility to adjust status

Yes!!! As long as you can show that at the time of the 245(i) Labor Cert was filed...it was approveable.

Answered on 4/21/04, 4:29 pm

Keywords

Match Any Match All

Country

State

Area of Law