Legal Question in Immigration Law in Nevada

Family Immigration

An I-130 petition was filed by my father in law (a US Citizen), for his married son in 1999, via a consular filing. We overstayed our present visa in the USA whilst we waited for our visa number to become available. We are currently in the USA (myself, my husband and adult child). We were listed on the 1-130 petition as family members of my huband and this petion has now been approved. However, as we have been in the USA illegally for 7 years I have been advised that my husband can adjust status here, however we (as wife and our son) have to return to our home country, or start all over again. Do we have any other options, as when my father in law applied for us to come to the USA, we were told to stay here until it was approved. Now im being told I have no right to be here. Please advise of my options


Asked on 8/07/07, 4:50 pm

1 Answer from Attorneys
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: Family Immigration

You may be eligible to adjust status without having to leave the U.S. because the application was filed before April 2001. To be protected by 245(i), however, you must have entered the U.S. before December 2000, and you must show continuous physical presence.

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Answered on 8/07/07, 5:20 pm


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