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Do derivatives have to file I485A and pay 1000 penalty?

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  • Do derivatives have to file I485A and pay 1000 penalty?

    Okay the scenario is such:

    My aunt (US citizen) sponsor my father using the I-130. However, our whole family overstay a B-2 visa. Visa is now available to my father, and he will have to file the I-485 and also take advantage of the 245i and pay the $1000 penalty for overstaying. My mother and I (under 21 and unmarried) are the derivative of my father, and we both have to file a I-485 respectively, correct? However, do we both have to file a I-485A and pay 1000 dollars each again? Or my father paying that penalty will suffice?


    I tried to clear it up at the USCIS site but to no avail, so any help would be appreciated. Thanks.

  • #2
    Okay the scenario is such:

    My aunt (US citizen) sponsor my father using the I-130. However, our whole family overstay a B-2 visa. Visa is now available to my father, and he will have to file the I-485 and also take advantage of the 245i and pay the $1000 penalty for overstaying. My mother and I (under 21 and unmarried) are the derivative of my father, and we both have to file a I-485 respectively, correct? However, do we both have to file a I-485A and pay 1000 dollars each again? Or my father paying that penalty will suffice?


    I tried to clear it up at the USCIS site but to no avail, so any help would be appreciated. Thanks.

    Comment


    • #3
      HazeyDaze:

      If ur father's petition was filed on or before April 30, 2001 & you guys were physically present in the U.S. on December 21st, 2000... then he is grandfathered under 245(i) & I assume that is the case with you guys, right?
      I am not sure about the separate fees but here is the link that might help you:

      http://www.hooyou.com/245i/example.html

      Good Luck!

      Comment


      • #4
        Plz chk out the following links as well reg. the $1000 penalty for derivatives...


        http://www.immigrationlinks.com/disc...ril820020732pm


        http://britishexpats.com/forum/showthread.php?t=10977

        Comment


        • #5
          Hazeydaze!
          This is confirmed with my attorney.
          You and your mom must pay $1000 fee separately and you both must submit I-485 supplement A in order to adjust status under 245i.

          Comment


          • #6
            I thought so too when I read the only when you are a child under 17, just to make sure and to hope otherwise. Anyways, thank you all for all the help and advice. I appreciate it.

            Comment

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