Hi,
I started my legalization process in 2001 with a labor certification under 245(i) because I had overstayed my visa by many years. I was married at the time of filing and my wife was also out of status at the time.
My labor certification was approved/certified by the Dept. of Labor in 2006 and I filed theI-140. The I-140 was ultimately denied because of "ability to pay" in a certain year after I filed my labor cert.
I didn't get a chance to file a new I-140 because I was promptly served a Notice to Appear and went into Deportation Proceedings. I ended up getting Cancellation of Removal from an IJ and received my greencard 2 years ago.
Now to my question: Since my greencard was granted through COR and not through the labor certification that granted me and my wife 245(i) status, will my wife still be able to adjust her status to LPR despite overstay by claiming her 245(i) status?
I started my legalization process in 2001 with a labor certification under 245(i) because I had overstayed my visa by many years. I was married at the time of filing and my wife was also out of status at the time.
My labor certification was approved/certified by the Dept. of Labor in 2006 and I filed theI-140. The I-140 was ultimately denied because of "ability to pay" in a certain year after I filed my labor cert.
I didn't get a chance to file a new I-140 because I was promptly served a Notice to Appear and went into Deportation Proceedings. I ended up getting Cancellation of Removal from an IJ and received my greencard 2 years ago.
Now to my question: Since my greencard was granted through COR and not through the labor certification that granted me and my wife 245(i) status, will my wife still be able to adjust her status to LPR despite overstay by claiming her 245(i) status?