H1B/TN Eligibility Based on 245(i)

Here is my case:

1993: Grandfather(permanent resident) files relative petition for my mother (unmarried with one child (me) )

Mom screws up and gets married.

1996: Illegal entry in US.

Feb. 2001: Grandfather(US Citizen Now) files relative petition for married daughter (my mother - married, 2 illegal children + 2 legal children)

I was wondering if while in the US I'm allowed to apply for an H1-B(I meet the requirements) or TN visa and if in case I was married I would qualify under section 245(i) to adjust status even though I'm not the direct beneficiary on the applications but was included in the application.?

Highly Appreciated



Phil's picture

This is a very complicated

This is a very complicated case and not one I can give you any reliable advice on in this forum. However, I can tell you that if you entered the country illegally you will not have any options other than qualifying under 245i. You may qualify so it's worth looking into but there's a lot that needs to be done and confirmed to determine if you qualify. If you would like assistance with determining if you qualify me please email me and I will provide you with a quote for advising you on this matter.

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