Can immediate relatives (based on statutory definition) of US citizens, who entered legally with inspection file for Adjustment of Status (AOS)? 7 Answers as of February 05, 2014

Can immediate relatives (based on statutory definition) of US citizens, who entered legally with inspection, file for Adjustment of Status (AOS) as usual, namely without any waivers, even if they have overstayed their visas and/or worked without authorization, so long as there are no other grounds of inadmissibility involved? What's your firm's success rate on such cases that you have represented?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, as long as a person enters the U.S. lawfully and can prove that lawful entry and they are petitioned for permanent residence by an immediate relative (spouse, child over 21 or parent if the beneficiary is under the age of 21), then there are no waivers necessary for the adjustment of status even if that person has overstayed their authorized period of stay.
Answer Applies to: California
Replied: 2/3/2014
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Yes, they can. 100%
Answer Applies to: New York
Replied: 2/5/2014
Law Office of Eric Fisher | Eric Fisher
If they entered with inspection, have not left the U.S. after acquiring unlawful presence and are otherwise admissible, they should be able to file for AOS.
Answer Applies to: Colorado
Replied: 2/3/2014
The Law Offices of Mary Lyn T. Sanga, A Professional Corporation | Mary Lyn Tanawan Sanga
Yes, if your Immediate Relative(s) have overstayed and worked without authorization, but they entered lawfully and no other grounds of inadmissibility exist, they are eligible to apply for adjustment of status within the United States.
Answer Applies to: California
Replied: 2/3/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Yes. As long as the beneficiary is an immediate relative of a U.S. citizen and entered the U.S. with inspection, he or she can apply for adjustment of status even if they overstayed their current authorization and/or worked without authorization.
Answer Applies to: Texas
Replied: 2/3/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Yes. An immediate relative can seek adjustment of status based upon a family-based petition despite the fact that they have overstayed their authorized stay and worked unlawfully. The success rate depends upon the case particularly the strength of the evidence of the relationship.
    Answer Applies to: New York
    Replied: 2/3/2014
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