ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 14

Thread: 245i

  1. #1
    My i-130 petition was submitted after april 30th 2001, I recieved an approval notice on May 5, 2006. My mother was a LPR at the time she has now become a Us Citizen. Will i still be able to ajust my status because my petition was approved and my mother is now a USC? can anyone out there give me advise on this.

  2. #2
    My i-130 petition was submitted after april 30th 2001, I recieved an approval notice on May 5, 2006. My mother was a LPR at the time she has now become a Us Citizen. Will i still be able to ajust my status because my petition was approved and my mother is now a USC? can anyone out there give me advise on this.

  3. #3
    <---Not an attorney, but I would think that your application status would be improved now that your mother is a US citizen...

  4. #4
    are you in the USA and what's your status?
    How old are you?

  5. #5
    Yes, I am in the US, I am a citizen, born here. In the eyes of immigration law, from my experience, US citizens carry a litle more weight than LPR's. So, like i mentioned, I think you may be in a better position now. Let them know that your mom is now a US citizen, I would think it would be more favorable for you.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
    Yes, I am in the US, I am a citizen, born here. </div></BLOCKQUOTE>
    That was a question for Alidia
    Since she mentioned 245i, I suspect she may not be in legal status in the USA... under some circumstences, not even parent's US citizenship helps.
    But let's hear the facts first.

  7. #7
    Alidia: I assume that you're in America already, and that you're also in illegal status. If your I-130 was submitted after April 30, 2001, then I doubt that you're 245-i eligible.

    How old are you? Did you enter America legally, and in what status? This information will assist in assessing your situation.

  8. #8
    Yes! i over stayed my visa since August 5 2001, and i am 28 years of age. does age matter in regards to ajusting my status under 245-i? why would thay approve my i130 application knowing that i filed after April 30th 2001.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Alidia:
    Yes! i over stayed my visa since August 5 2001, and i am 28 years of age. does age matter in regards to ajusting my status under 245-i? why would thay approve my i130 application knowing that i filed after April 30th 2001. </div></BLOCKQUOTE>
    Approval of I-130 means USCIS is satisfied that your mother was permanent resident at the time she applyed for you, and that you are indeed her daughter whom she can, according to the law, sponsor.
    Now the second part, adjustment of status or getting an immigrant visa at the consulate, is going to be about you. Are you eligible to adjust status in the USA, your medical condition, criminal records etc. Approval of I-130 does not gurantee green card or immigration visa.

    The age wouldn't matter if you were able to use 245i. From the information you gave us, I don't see how would you be able to adjust your status under 245i UNLESS somebody else, as well, had filed I-130 on your behalf before April 31, 2001.

    As a daughter of USC, to adjust status in the USA, you have to be in legal status (unexpired I-94, tourist, student ...). If you were regarded as a child of USCIS ( you were under 21 when your mother became US citizen), you could adjust status in the USA regardless of your current status (overstay) as immediate relative of USC. Can that be your case?

    I-130 approved on your behalf means you can ask for an immigrant visa at the consulate in your home country when your priority date is current. But, as you may know, the moment you leave the USA you'll have 10 year ban on return due to overstay.

    That's how I see it...

  10. #10
    Thank you for your response, but when my priority date becomes current will i have to go through the process and be called in for a interview then given a letter of deportation?

Similar Threads

  1. 245I
    By Amy in forum Immigration Discussion
    Replies: 10
    Last Post: 11-03-2003, 10:14 PM
  2. 245I
    By bhsn in forum Immigration Discussion
    Replies: 1
    Last Post: 09-20-2003, 12:48 AM
  3. no more 245i's
    By in forum Immigration Discussion
    Replies: 8
    Last Post: 07-16-2003, 03:37 AM
  4. 245i
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 07-15-2003, 11:07 PM
  5. 245i
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 08-07-2002, 09:07 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: