Anderson, SC asked in Immigration Law for South Carolina

Q: I have withholding removal status if my mom she is permanent resident if she apply I-130 for me can I adjust my status

I have entered without inspection and my withholding removal was granted , my mother she is US permanent resident, if she apply I-130 and once's it’s approved can I adjust my status in US? Do I need wavier if wavier grant’s then could i adjust status in US

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: To be able to apply for adjustment of status with your lawful permanent resident mother as your petitioner you would need to qualify under INA 245(i), as you entered the United States without inspection and have, therefore, not maintained a lawful status the whole time you have been present in the U.S. To qualify under 245(i), you need a petition that was previously filed on your behalf prior to April 30, 2001.

Depending on your immigration and criminal history, your mother might still be able to file an I-130 petition for you to apply for an immigrant visa abroad but given that you have been in removal proceedings and currently have withholding, you should discuss your case with an immigration attorney, as there are a number of reasons you could be ineligible for an immigrant visa.

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