Legal Question in Immigration Law in New York

If a person entered the US on a visitor visa in 1997. Violated his terms of the visa and married a US citizen in 1999. Applied for relative petition I-130, I-485 in 2000. He was granted work authorization, subsequently renewed every year until August 2007. His sister a US Citizen filed I-130 in 2004, which is still pending. In August 2007 his application for work authorization was denied. The reason for denial is that his I-485 was not pending anymore and that it was denied in October of 2003. What is the recourse in this situation? Can the person come under 245(i) or can he get work authorization through his sister�s petition?


Asked on 10/28/09, 12:06 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

A person may have protection under 245i if the I-130 was filed in 1999 and was approvable at the time.

However, he is not eligible to apply to renew work permit based on a pending I-130 filed by his sister.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help: 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 a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. 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 11/02/09, 12:22 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

The person may be protected by 245i. However, it would be prudent to find out why this petition was denied.

Is the person still married? His sister's petition will not help him to get work authorization though.

Should you require further assistance - please contact our firm.

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Answered on 11/02/09, 1:10 pm


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