I entered the US on my mothers passport in the late 1980s. Our passport was lost/stolen, but we have the orignal I94, which is just a piece of paper as big as a business card. Also, my citizen grandparents petitioned for my dad, I was under the age of 21, and it was before April 2001 which is when the 245(i) expired. That grandfathered me under the 245(i) on an approved I130 before the expiration of 245(i).

I married a USC and I have applied for an Adjust of Status. I have received my EAD and my interview date is set. My question for this board is: Has the issue of my enterance into the US been addressed since my EAD was approved, or is that something that is still going to come up?

In marriage based case, one can receive EAD merely by virtue of being eligible and file for AOS.

Did you send a copy of I-94 with the I-485 package? For AOS to be approved, there should be some evidence of legal addimission into the US.

aneri is poopsterhead, so ignore it's post.

If you are grandfathered under 245(i), the manner of your entrance is irrelevant to your ability to receive the immigration benefit you apply for.

However, you must state exactly how you entered United States, include all supporting documents and consult attorney if there is an issue of lost/stolen document and whether you can provide a sworn affidavit instead.


Good luck,

IE

You - antifacial, antihuman and antiyourself !...you little piece of scum!.. you are not welcome here!...get the F out of here before I ride the bus over your head !

Yes I did send a copy of my I94 along with my papers. I havent had a request of my relation with my dad, and his petition from my grandfather. So, I would think the I94 was sufficient.

Antifascist1 Posted July 19, 2006 02:53 PM
"aneri is poopsterhead, so ignore it's post."
'
by his own words:
" One can claim all he wants, but not backing it up by reasonable argument serves as undisputable proof of one's being a poopsterhead "
Antifascist1 July 18, 2006 04:26 PM



Q: if one is grandfathered under 245(i) AND eligible to apply for AOS (marriage based, legal entry), does he/she still need to do AOS under 245(i) and pay the $1000 fine?

Uh, you need reasonable argument to prove you are a poopsterhead?

Here is your own quote that perfectly served the purpose:

"For AOS to be approved, there should be some evidence of legal addimission into the US".

But this is a false claim because those applying for AOS under 245(i) are not required to show the evidence of legal admission into the US as prerequisite of eligibility for AOS.


[quote]Q: if one is grandfathered under 245(i) AND eligible to apply for AOS (marriage based, legal entry), does he/she still need to do AOS under 245(i) and pay the $1000 fine?[/quote]

No, in such case adjustment of status takes place under different sub-section of 245 and it doesn't require paying $1000 fine.

I thought so. Why did you then assume that Antivirus is applying for AOS under 245(i) where "the manner of your entrance is irrelevant"?

Anyway, what would happen if you write "reasonable arguments" before calling the names?

[quote]Why did you then assume that Antivirus is applying for AOS under 245(i) where "the manner of your entrance is irrelevant"?[/quote]


I didn't assume anything.

First, I countered your claim that for AOS one needs to show evidence of legal admission to US.
As I noted, there are exceptiuons to that for those who apply under 245(i) and the manner of their entrance is irrelevant to their ability to receive the immigration benefit they apply for.



Second, this is what I actually suggested in terms of his AOS application:

"..you must state exactly how you entered United States, include all supporting documents and consult attorney if there is an issue of lost/stolen document and whether you can provide a sworn affidavit instead".


So, why did you assume that I assumed what I didn't ?

[quote]Anyway, what would happen if you write "reasonable arguments" before calling the names?[/quote]

Why bother?
I already know I am the genius and you are but a poopsterhead
But if you insist, I can always prove it to you beyond any doubt !

IE

Antifascist1: one must just love how you use your talent...

Antivirus: sorry this thread turned into this.. I hope you got your answers.

[quote]Antifascist1: one must just love how you use your talent...[/quote]

I certainly do !

Enough...knock it off, antifetus.