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Old 01-01-2010, 08:58 PM
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Default Adjustment of Status case

Hello,

I am a US Citizen who applied through I-130 form for my married daughter since 2001. She and her husband came here with a tourist visa in 2003 and they overstayed it for a period of 6 years. In the meatime, they had 2 americam kids. They are still in the USA.

I am starting to receiving document from NVC to pay $70 for Affidavit of Support for their cases. I would like to know if an Adjustment of Status can be made for them here in the USA as the immigration does not know where they are right now. I presumed also that they can't return back to their country of origin cause they've been here for so long that they could get caught and get penalized. They have never been employed but received support from the family members and their kids received welfare aids.

What can be done if I want to Adjust their status here? Thank you already for your answers.
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Old 01-02-2010, 10:23 AM
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Default please be careful

hello,
If you applied for their I-130 before the end of 4/2001, then they would be eligible for 245(i) and adjust status even if they are illegally here now. However, for 245(i) to work, would require them being present in the U.S. at the time you applied for I-130. In short, if they were physically present in the U.S. before the end of April of 2001, and if you applied for their I-130 before end of April of 2001, they can adjust in the U.S. If not, they can't. In any case, if they leave the U.S. now for consular processing, they will not be able to receive their immigrant visas because they will trigger a 10-year bar from entry to the U.S. and become inadmissible.

I would advise to speak to an immigration lawyer before doing anything at this time.
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