Legal Question in Immigration Law in New York

Hi,

When you are married, your boyfriend can file an immigrant petition for you. However, it appears that you will be unable to adjust status in the U.S. since your initial entry was made into the U.S. without inspection.

If your aunt had sponsored your mother prior to April 30, 2001, and if you were under the age of 21 at that time, you may have been covered under sec. 245(i), which would have allowed you to pay the penalty fee and eventually adjust status in the U.S. However, the above exception does not apply in your case since it appears that your aunt filed for your mother after April 30, 2001.

Your husband (when you are married) can only file an immigrant petition (Form I-130). This will not allow you to adjust status in the U.S. under the current laws. However, a priority date will be established, so if sec. 245(i) is extended in the future, or if the laws otherwise change to your benefit, an adjustment of status application can be filed in the future without the requirement of filing I-130 again.

You can call our law firm at 212-268-3580 if you have questions, or email [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com