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Results 1 to 10 of 10

Thread: Experts, please look into this 245(i) case.

  1. #1
    Guest
    If Tom is grandfathered under 245(i) because the LC was filed for him before 4/30/2001 and approved. Tom became out of status later. Tom's wife is always in legal status and will be able to file LC, I-140 and I-485 in future. Can tom adjust status under 245(i) at the time his wife files I-485?

  2. #2
    Guest
    If Tom is grandfathered under 245(i) because the LC was filed for him before 4/30/2001 and approved. Tom became out of status later. Tom's wife is always in legal status and will be able to file LC, I-140 and I-485 in future. Can tom adjust status under 245(i) at the time his wife files I-485?

  3. #3
    Guest
    How did Tom become out of status, how long ago, and what did Tom do about it at the time?

  4. #4
    Guest
    Tom got laid off after 4/30/2001 and his I-94 is expired. He didn't file any application for change status after he got laid off.

  5. #5
    Guest
    Let me put my question in this way
    - Tom had LC filed for him and was approved before 4/30/2001
    - Tom was physically presented in US 12/21/2000.
    Therefore, I believe Tom has grandfathered under 245(i).

    Now, my question is:
    Assume Tom has been out of status after 4/30/2001.
    If Tom's wife is always in legal status and will be able to file LC, I-140 and I-485 in future. Can Tom adjust status under 245(i) at the time his wife files I-485?

    In other words, does Tom have to adjust status under his own application? Or his wife's employment-based Green Card Application could also be his basis of adjustment?

    Thank you very much!

  6. #6
    Guest
    It sounds like you need a good lawyer to answer your situation. You needed to file under 245(i) long ago, but most of all you needed to comply with the expiration of your I-94. The INS has you on file and is bound to ask why not. You could be in deep trouble. Seek advice from an expert.

  7. #7
    Guest
    Any application filed on or before 4/2001 are granfathered by 245(i)I'm not an expert of the law but in my opinion you will get the benefit of 245(i) when your spouse files your I-485.

  8. #8
    Guest
    The due date of 245i in this article is January
    14, 1998, but at least you can get a concept of grandfathering on this article.

    http://www.rreeves.com/pub_155.htm
    The INS has consistently stated that the 245i benefit goes with the person and not with the petition. This means that, if Maria had a labor certification that was filed prior to January 14, 1998, but wants to adjust based on a different family-based petition, she can still use 245i to remain in the U.S. and get her green card. So long as Maria was eligible based on any pre-January 14, 1998 petition, she shall always retain eligibility. This means she may eventually adjust based on a marriage, based on a brother/sister petition, based on the labor certification or any other available petition.

  9. #9
    Guest
    Section 245(i) grandfathered until April 30, 2001.Don't worry Tom you are safe.

  10. #10
    Guest
    I appreciate all your help and inputs!

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