CASE: Adjustment of Status (F-4 I-130) / 245i
CLIENT: Filipina
LOCATION: Lanham, MD
Our client came to the United States from the Philippines on an H-4 visa in 2009. In December 1995, her U.S. citizen sister filed an I-130 petition for her under the F-4 category. This I-130 petition was approved by the USCIS. However, our client could not file her adjustment of status application since the priority date was not current. Moreover, she failed to maintain her status after her husband’s H-1B expired.
Despite her overstay, her case can be based on INA 245(i) to make her eligible. As the beneficiary of an I-130 petition which was filed prior to January 1998, the physical presence requirement in December 2000 was not required.
In November 2019, she contacted our office for the eligibility of her adjustment status once her priority date became current. After consultation, she retained our office on November 19, 2019. Our firm prepared and filed the Adjustment of Status Applications on April 22, 2020. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.
On October 5, 2022, the USCIS issued a Request for Evidence for our clients’ updated I-693 medical record. On October 26, 2022, our office filed the Response to RFE along with their updated I-693 records. On January 23, 2023, our client and her husband and daughter’s I-485 adjustment of status applications were approved.