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  • Overstayed for more than two years

    Hello,

    I wonder if someone can help me with this. My mom came on 10/27/2000 as a visitor, but she overstayed and currently she is in USA. She has a F4 with priority date 08/30/91. I think it is going to be current in about 8 months. Can she adjust her status in USA and just pay the $1000 penalty, based on 245I.

  • #2
    Hello,

    I wonder if someone can help me with this. My mom came on 10/27/2000 as a visitor, but she overstayed and currently she is in USA. She has a F4 with priority date 08/30/91. I think it is going to be current in about 8 months. Can she adjust her status in USA and just pay the $1000 penalty, based on 245I.

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    • #3
      The 245i law is currently not in effect so it won't benefit.

      Talk to a lawyer about the situation.

      If she leaves the country she will be subject to a 3/10 year ban.

      Comment


      • #4
        Your mother does not need 245i if she entered the country legally, from what she posted she did. 245i benefitted those who entered illegally, it made it possible for them to adjust status in the u.s. Thus, your mother will be able to adjust her status here without 245i

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