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  • Need some opinions

    My father filed a petition (I-130) on my behalf back in 4/2001 under section 245(i)...I was an unmarried daughter over the age of 21 at the time I am now engaged to a USC. would I be better off getting married and having my husband file for me or should I wait...I came to the US illegaly at the age of 10 and I am undocumented. Please can anyone offer any ideas.

  • #2
    My father filed a petition (I-130) on my behalf back in 4/2001 under section 245(i)...I was an unmarried daughter over the age of 21 at the time I am now engaged to a USC. would I be better off getting married and having my husband file for me or should I wait...I came to the US illegaly at the age of 10 and I am undocumented. Please can anyone offer any ideas.

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    • #3
      hi there...

      As I believe if you have filed the petition 245 i before it expired then u r better off continuing with the same because marriage to USC doesnt forgive illegal entry to USA... but again I m not a lawyer... u should consult a lawyer... or ask Mohan or Sammy or Katycab ... they will surely answer to ur question...Good luck...Pasha

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      • #4
        You cannot adjust status from within the US by having your husband file for you since you entered without inspection (EWI).

        The only way to do a marriage based AOS for you is to file I-130 which will most likely be approved, file for I-485 which will be denied due to your EWI, go back to your home country and file I-601 hardship waiver, pray for approval, in which case you could come back to the US as a GC holder. This route is extremely time consuming, difficult and uncertain but possible

        A much easier and more certain route is to continue with your application under 245(i). The only thing I am not sure about is whether you will have to stay in your category (meaning remain unmarried) or if is possible to switch categories from unmarried to married and still being considered under 245(i)

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        • #5
          Hej catzy !
          silanka is wrong ! section 245I apply to you anyway . If you get marry , your husband can apply for you under section 245i. you are grandfathered beneficiary . it means you are not limited to seek adjustment of status solely on the basis of the petition your dad filled for you back in 2001. I would need more info from you . Is your father US citizen and what`s the status of your current case?

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          • #6
            My two cents,

            If Approvable petition filed under 245i, you will be eligible for adjustment within USA. The Key technical point is "Approvable". Lets say Petition was filed on Unmarried children over 21 and you got approval.. this will make you eligible for adjustment .for example if the same approved petition was repealed/withdrawn or cencelled, you are still eligile for adjustment, regardless of Your catogary( agedout. marriage based, employer petition or any other) because you were granted approval under 245i, and that makes you grandfather under 245i.
            Its a discussion, not a legal advise..

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