Legal Question in Immigration Law in Oregon

Hello,

I came to the US as a dependant of an H1-B worker in 1998 when I was 15. My father (the H1-B holder) filed a petition for immigration shortly thereafter. Due to long processing times, I turned 21 before my visa number came up and had to switch to an F-1 visa. My parents and younger siblings received their green cards within a year or two of my turning 21. When I graduated I moved on to a TN Visa (I am a Canadian citizen) and have been on one ever since.

Recently however, I came across the LIFE act and I was wondering, since my father filed for me before 2001, can I apply for an adjustment of status under section 245-i? One of my family members can sponsor me now since they are all permanent residents- of course the wait times would be about 5-7 years....I know one of the requirements for the 245-i adjustment said a visa number must be immediately available, and that wouldn't be the case for me. Also, if my family DID try to sponsor me, would I lose my TN employment eligibility?


Asked on 6/14/10, 3:04 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

To apply for adjustment of status, a visa number should be immediately available to you. It appears that not only the number is unavailable, but no one had petitioned for you yet. Protection under 245i makes sense for someone who applies for adjustment of status while in illegal status (or if came to US illegally). This doesn't seem to apply to you where you are lawfully admitted and in a lawful TN status.

For a case-specific advice and guidance pertaining your TN status, you should consult a lawyer.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/14/10, 6:59 pm


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