Found an issue on this page? Let us know and we will look into it as soon as possible.
My us daughter is sponsoring me by filing form I-130 on my behalf so l can apply for adjustment of status by filing form I-485
Anonymous3 views3 answers
My daughter is sponsoring me by filing form I-130 on my behalf so l can apply for adjustment of status by filing form I-485. I have been in the US for 15 years, in 2004 my application for asylum was denied by the immigration because of the 1 year deadline to file for Asylum and because the immigration Judge determine that l was firmly resettle in France prior my entry to the US. The Immigration Judge grant me Withholding of removal, and CAT.
1 - My daughter live in New York and l live in Houston. Where should we filed Form I-130, in New York or in Houston or at a different center?
2 - After approval of Form I-130, will my withholding of removal case need to be reopen so l can apply for adjustment of status?
Thank you for your assistance
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Hopefully your US citizen daughter is at least 21 years of age. She will need to begin by filing an I-130 with USCIS on your behalf, the first step. Once that I-130 is approved, either you yourself or better yet, an experienced immigration lawyer will need to contact the local immigration court and request to reopen your case, so as to enable you to ultimately file the I-485 AOS. I assume you've been lawfully admitted into the US; doesn't matter when, since parents of US citizens, deemed as "immediate relatives" do not accrue "unlawful presence". Best of luck to you.
Your U. S. citizen daughter will need to file the FORM I – 130 with USCIS at the location indicated in the instructions. Once the FORM I– 130 is approved you will then have to return to the immigration court to request to re- open your case.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Yes, it will need to be reopened and and IJ asked to adjust your status or proceedings will need to be terminated so the case could be remanded to USCIS for faster adjudication. You need to work with an experienced immigration attorney to accomplish it.
