Unmarried Child Under 21 filled I-130, cant adjust status?

anncreative · Post by **anncreative** » Thu Sep 28, 2006 6:51 pm

My little brother came to the US with my Mom, his trying to adjust his status after he became an illegal alien because of my moms negligence, our dad (US Citizen) filed an I-130 which was approved but at the same time it noted: " this person does not qualify for adjustment of status", my mom has consulted this matter with 3 immigration lawyers and all of them have given her different opinions, I did some reading and came to the conclusion that my dad should have sent an I-130 and I-485 together given that because he doesn't have to wait for a visa number he qualifies for automatic adjustment of status, but we are still not sure this is what we should have done and what we should do next, anyone have any experience with this? thank you very much.

uslawyer · Post by **uslawyer** » Thu Sep 28, 2006 8:42 pm

If your brother is still under 21 and unmarried and he has an approved I-130 by your US Citizen father, he should be able to adjust status. The I-130 is key. Is your brother the beneficiary named in the I-130 Approval Notice?

anncreative · Post by **anncreative** » Fri Sep 29, 2006 12:24 am

He's 19yo (he will be 20yo in October), he's not married.

Yes his name is in the I-130 approval notice, but the same letter says that he does not qualify for AOS and that his case has been forwarded to the State Department which will in turn forward it to the respective US consulate

(even tho hes already illegally here) what would you suggest we should do next? thank you.

uslawyer · Post by **uslawyer** » Fri Sep 29, 2006 3:07 am

how and when did he enter the U.S.?

anncreative · Post by **anncreative** » Sat Sep 30, 2006 11:16 pm

In early 2002 through MIA (Miami International Airport) was interviewed by Customs/Immigration and issued I-94 for 6 months, Thank you.

uslawyer · Post by **uslawyer** » Sun Oct 01, 2006 10:58 pm

Assuming your brother entered with a valid B-2 visa (Visitor's visa) he should be able to adjust status here in the U.S. In my practice I'd ask to see all the related documents in this situation to get to the bottom of the problem.

anncreative · Post by **anncreative** » Sun Oct 01, 2006 11:20 pm

do you have an associate or someone that you can refer us to in Florida? thank you.

uslawyer · Post by **uslawyer** » Sun Oct 01, 2006 11:34 pm

I'm afraid I don't personally know any immigration lawyer in Florida. However, keep in mind that immigration is regulated by federal law, not state law, so an immigration lawyer does not have to practice in Florida in order to represent you.

Susan Muir · Post by **Susan Muir** » Tue Oct 24, 2006 5:50 pm

If you are interested, I can handle the paperwork for you and I live in Florida. The attorney is correct in saying that this falls under federal law whereas it does not matter where you are, it can be done.

Please contact me if you need assistance.

Susan Muir
sbids.muir@yahoo.com

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Unmarried Child Under 21 filled I-130, cant adjust status?

Unmarried Child Under 21 filled I-130, cant adjust status?

Relative Adjustment