Legal Question in Immigration Law in Michigan

When an application for an adjustment of status based on I-130 petition is denied nine months after divorce ( application was not withdrawn after divorce), when the alien re-marries a citizen, can she reapply for adjustment of status?

The relevant part of the denial letter reads:

"The visa petition supporting the application has been denied. Since you are no longer the beneficiary of a valid unexpired visa petition, you are ineligible for adjustment of status, pursuant to 8 CFR 245.1(a)(4). Your application for adjustment of status is therefore hereby denied. There is no appeal to this decision."


Asked on 9/30/09, 11:50 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

This question can't be answered here on the public forum. You should schedule an in-person or telephone consultation with a qualified Immigration Attorney, who will review your situation and will be able to advise you accordingly.

Please keep in mind that if and when the I-130 is denied and if alien otherwise doesn't have any valid non-immigrant status, he can be referred for deportation (removal) from the USA. Therefore, you shouldn't delay retaining legal help.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/06/09, 1:12 am


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