Q: Can I adjust my status if I-130 approved but now I'm out of status F1 preference? From Russia
I entered with B2 visa, then extended my stay for 6 month more with I 539, then my mom applied I 130 (my I 94 was not expired yet) and get it approved. Then I overstayed for 2 years more. Is it too late to file I 485? I'm F1 preference. Originally from Russia.
A: You should consult with a competent immigration attorney who can analyze more closely the facts of your case. Generally, adjustment of status is not possible for a family-based preference category beneficiary who has violated the terms of his or her underlying nonimmigrant status, including overstay. Again, it may be wise for you to schedule a consultation with a competent immigration attorney who can explain all facets of your case to you, including, possibly, a provisional unlawful presence waiver.
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