Can I apply for an adjustment if I overstayed my student visa? 4 Answers as of June 20, 2011

I have an approved I-130 immigration petition filed on my behalf in 2006. I am currently in the US and I overstayed my visa . Am I eligible to apply for an adjustment of status when a visa number becomes available even if I overstayed my visa? Thanking you in advance for your reply

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Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
If you are married to a US citizen, then yes, you can adjust even if you overstayed your student visa.
Answer Applies to: Texas
Replied: 6/20/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You are only eligible for adjustment of status if you overstay your visa, since you must not have been the spouse or minor child or parent of a qualified citizen relative, if you were able to gain eligibility through a parent or spouse who gained legal residency (derivative eligibility), but you are waiting for your priority date to come current before being able to adjust status, even though you turned 21 before your date comes up. Fortunately, the Child Status Protection Act (CSPA) allows your age to be treated as constant until your priority date becomes current, and therefore before age 21, in which case you would have 12 months to adjust status once you get to current status. If you have any desire to pursue this matter further, feel free to contact me to hold a phone consultation, or one in person if you are in the Ventura, CA area.
Answer Applies to: California
Replied: 6/20/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
No unless you are 245(i) eligible; otherwise you would have to depart the U.S. and get the visa at a U.S. consulate in your home country - the problem with this is you will trigger a 10 year bar.
Answer Applies to: Florida
Replied: 6/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It depends whether the I-130 is from your spouse or other family member. If from your spouse, yes, you can adjust status. if you need help, please feel free to contact our firm at law office of immigration & international trade.
Answer Applies to: Florida
Replied: 6/20/2011
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