We recently received an approval for one of our adjustment of status clients in Newport Beach. He entered the US legally using a valid visitor visa in the 1990s. However, he hired a notario to help him adjust his status many years ago. The notario took his money and all his documents and vanished when the California Attorney General began investigating him. So, my client had no proof that he entered the US legally.
My client was eligible for INA 245i relief, but we decided to file the case as a standard adjustment of status so he could avoid paying the $1000 penalty fee associated with INA 245i.
When my client's US citizen son turned 21 years old, we filed a form I-102 (for a replacement I-94) along with the I-130 visa petition and I-485 adjustment of status.
A few months later, we received a request for evidence asking us for proof that our client had entered the US legally. At that time, we had not received the I-102 approval. Luckily, we received the I-102 approval a month later. After that, the case was approved without an interview, and my client received his green card just a few days ago.
The overall processing time for the case was over one year, which is much longer than in past years. Many of our adjustment cases are taking much longer to process over the last year. It appears USCIS is short-staffed because of many of President Obama's new administrative actions - I-601A waivers and DACA - and the processing times are lengthening.
If you are the parent of a US citizen child who is 21 years old, contact Nelson & Nuñez, P.C.to schedule a consultation. Nelson & Nuñez, P.C. will personally meet with you to help you better understand your options and whether you are eligible to adjust status to lawful permanent resident.
My client was eligible for INA 245i relief, but we decided to file the case as a standard adjustment of status so he could avoid paying the $1000 penalty fee associated with INA 245i.
When my client's US citizen son turned 21 years old, we filed a form I-102 (for a replacement I-94) along with the I-130 visa petition and I-485 adjustment of status.
A few months later, we received a request for evidence asking us for proof that our client had entered the US legally. At that time, we had not received the I-102 approval. Luckily, we received the I-102 approval a month later. After that, the case was approved without an interview, and my client received his green card just a few days ago.
The overall processing time for the case was over one year, which is much longer than in past years. Many of our adjustment cases are taking much longer to process over the last year. It appears USCIS is short-staffed because of many of President Obama's new administrative actions - I-601A waivers and DACA - and the processing times are lengthening.
If you are the parent of a US citizen child who is 21 years old, contact Nelson & Nuñez, P.C.to schedule a consultation. Nelson & Nuñez, P.C. will personally meet with you to help you better understand your options and whether you are eligible to adjust status to lawful permanent resident.
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