South Hackensack, NJ Immigration Law Firms & Lawyers

Thank you very much for your inquiry. There are a variety of ways to fix your status in the United States. It would be important for us to get copies of your old cases to figure out whether or not you would be able to renew your work permit. There may be a variety of other options that may be available for you to get status in the US in the event that your previous status may have expired. If you do not have copies of your previous case, it would be possible to obtain them by doing a freedom of information act request to the USCIS. Either way, the most important thing for you to do is to enlist the services of a qualified immigration legal counsel her to assist you with regard to your matter.

If you came illegally to the country, you would not be eligible for adjustment of status unless you also qualified for the benefits of §245 (i) in which under the most current version, you would have to have a labor certification application or immigrant visa petition filed on your behalf by April 30, 2001, and been physically present in the country on December 21, 2000. Otherwise the forms that you mention have no applicability to you except for the I-130 petition for alien relative which you say is already approved. Currently if your wife is a US citizen, you may be able to apply for the Administration's I- 601A provisional waiver program under which the 10 year bar for staying in the US illegally for at least a year is waived if you can demonstrate that a return to your home country permanently would cause extreme hardship to your spouse. If your spouse is a permanent resident, the I-601A program will expand to include her in the very near future. The beauty of the I-601A provisional waiver program is that you can make the application, stay in the US to see its result, and if approved, schedule an interview with the American consulate or embassy in your home country. The visa interview would in all likelihood be normal. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.