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Am I eligible to adjust under 245 (i)

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  • Am I eligible to adjust under 245 (i)

    Dear,
    Can someone please tell me if I qualify for
    adjustment under 245 (i). Facts are:
    1. I entered the US legally on I-20
    2. I violoated the terms of the visa.
    3. I married a US citizen in 1997 who filed a petition on my behalf.
    4. She died in 1998, so the petition was not approved.
    5. Prior to the denial of the petition I accepted a Job and was granted an H1B.
    Now my company is sponsoring me, and I have an approved labor certification, and an approved I-140.
    Now the attorney that my company has hired for file for the adjustment, is claiming that I don't qualify for adjustment under 245(i). Based on my research I only needed an approvable petition before April 2001, which is the case. Is the attorney misreading the law, or am I misreading the law?
    Thanks for a prompt reply.

  • #2
    Dear,
    Can someone please tell me if I qualify for
    adjustment under 245 (i). Facts are:
    1. I entered the US legally on I-20
    2. I violoated the terms of the visa.
    3. I married a US citizen in 1997 who filed a petition on my behalf.
    4. She died in 1998, so the petition was not approved.
    5. Prior to the denial of the petition I accepted a Job and was granted an H1B.
    Now my company is sponsoring me, and I have an approved labor certification, and an approved I-140.
    Now the attorney that my company has hired for file for the adjustment, is claiming that I don't qualify for adjustment under 245(i). Based on my research I only needed an approvable petition before April 2001, which is the case. Is the attorney misreading the law, or am I misreading the law?
    Thanks for a prompt reply.

    Comment


    • #3
      Someone please respond to me!!!
      Please!!

      Comment


      • #4
        I only can guess here because you didnot written your fileing date of I-140.

        You had petioned in 1997 but as your petitioner died your petition died too, so that part is no more valid.
        Now yourI 140 if you applied befor the 245i Become history then you grandfather the 245i and adjust your status, if not then you know the answer.
        Figure it out yourself because you know the date of fileing.
        to qualify for 245i alien must have petition filed before 245i expired, if you are talking on the base of marriage ,that petition is history,No more valid.

        Comment


        • #5
          Here is what the law says:
          "Also, even if the petition or application is never approved, ultimately denied, or withdrawn, as long as it was "approvable when filed" you are entitled to the benefits of §245(i)".

          Comment


          • #6
            Mohan
            Here is what the law says:
            "Also, even if the petition or application is never approved, ultimately denied, or withdrawn, as long as it was "approvable when filed" you are entitled to the benefits of §245(i)".

            Comment


            • #7
              First of all please dont write using my name.
              Yes I know what Law says, ITs for the petitions which was filed and approvable. Not for the petition who died before the petition get approved.
              There are technical issues. Lets say alien file one approvable Petition before 245i expired. He will be entittled for benifits But down the line if the same petition was denied because lack of evidence or any other technicality, Alien has chance to appeal and Or reinstate the same petition.
              But If the petitioner died then file is dead. No more Other technical Limbo. For example Meeting povertyline, ONe cannot met poverty line if the sponsor is dead. First preference is to get USC/LPR who sponsor you, His income , once sponsor income is not enough then Your income attached with his income, if that not enough then other USC/LPR who can be your sponsor. But if origionla sponsor is no more then you can have attachment.

              In other words IF you have one piece of papper then you can attach another to it but if you don't have any how you will be able to attach. Attachement don't work. So you have to file first paper to attach another.
              Find the first paper.
              Got it?

              Comment


              • #8
                Here is more info I got from the supplement A document of the INS for form I-485.
                "You may apply for adjustment of status to that of LPR under section 245(i) if you:
                are physically present in the United States when the application is submitted; and
                have an immigrant visa number immediately available; and
                are admissible to the United States for permanent residence; and
                are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30,
                2001; and
                pay a $1,000 fee (unless exempted).
                So It says that it needs to be an approvable when filed petition, which was the case with my petition.
                Thanks for your help
                Here is the link to that document I am refering to: http://www.immigration.gov/graphics/.../i-485supa.pdf

                Comment


                • #9
                  THE question now is when was your labor certification filed????

                  Comment


                  • #10
                    deport illegal aliens

                    Comment


                    • #11
                      You are reading Part of CSS PArt OF LULAC Part of LC and Part of family petition. all are different.
                      Read above posting. TO get better understanding read actual 245i debate, link you provide is generic link which does not explain all.
                      your case is coupled with petition under marriage ( i-130 filed) but petitioner died so petition died also on the same day.)
                      ONly possiblity you have if your I-140 was filed before the expiration date of 245I.
                      if its true then you can adjust.

                      Comment



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