Minneapolis, MN asked in Civil Rights and Immigration Law for Minnesota

Q: Proper course of action.

Our son crossed the US border in Mexicali (October 2022). His court appearance in Fort Snelling is scheduled for February 2024. He was a beneficiary of I-130 filed in 2013; however, he doesn’t have 1-90 and we cannot apply for adjustment of status. He cannot apply neither for driver’s license nor for a job. What is a proper course of action?

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

A: First, your son should make sure that he keeps the immigration court updated on his address, as court dates can be changed, and the court notifies respondents of the change in court date by mailing hearing notices. If he fails to attend a scheduled court hearing, he will be ordered deported.

You can also check his case status here by inputting his A-number: https://acis.eoir.justice.gov/en/

It is unclear what happened to the I-130 petition but depending on the status of that petition, your son’s age, his country of birth, his manner of entry into the United States, and his immigration and criminal history, he may or may not be eligible to apply for residency but unfortunately more information is required.

It would be advisable to consult with an immigration attorney to determine his eligibility for any relief, including immigrating based on the previously approved I-130 petition. An attorney will be able to advise you if your son qualifies for any relief in immigration court. If he does qualify, he may be eligible to apply for a work permit based on that application, which would enable to him to obtain a license and social security number.

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