Attention Mohan:

[Dastur]

I read your comments in case of a Pakistani husband married to USC:
In that case you mentioned that if your I-130 was file, before April 2001, then he/she can adjust/or can file for I-485.
NOW a person file I-130, as LPR for his kids over 21 years of age in 2000, then he file for I-485 before April 2001.
Now what happens?
Will you please comment on the above. Thank you.

[Dastur]

I read your comments in case of a Pakistani husband married to USC:
In that case you mentioned that if your I-130 was file, before April 2001, then he/she can adjust/or can file for I-485.
NOW a person file I-130, as LPR for his kids over 21 years of age in 2000, then he file for I-485 before April 2001.
Now what happens?
Will you please comment on the above. Thank you.

[mohan]

these issues are only belongs to alien who are in US and 245i applied to them. not the alien who are in other country and agedout.

[Adam]

Thank you Mohan:
My best friend who is an LPR, since 1999, he had already file for his citizenship, waiting in line.
This LPR had two kids going to school here. Kids are over 21 years of age.
1. He already file I-130 for them in Nov. 2000.
2. During President Clinton, time INS said that any one in the US Illegal/legal can file for I-485, and they will have to pay some kind of fine of about $1000.0 to get AOS.
When a friend had file that I-485, before April 2001, INS returned them back.
Will you please let the borad know if they can apply now for AOS.
Thanks.

[mohan]

245i was for the aliens who were present in US, fell out of status or entered illegally but later become eligible to adjust status. under 245i they can adjust their status without leaving US and aviod bar of overstay or illegal presence..
For the above reason, under 245i approvable visa petition has to filed before the expiration date. and $1000 fee.

Others comes under 8 C.F.R : section 245A.

[Katycab]

Because the I-130 was filed before the April 30, 2001 sunset, the adjustment is possible (with payign the $1,000 fine). However the kids must still wait until priority date is current for their family preference class. That is probably why the 485 was returned. Check the priority dates now against that on the NOA for the 130s.

[Old Man]

F2B is Jan 96- you have a few years before filing the I-485.

[AliBA]

Also, note that 245i DOES NOT PROTECT THEM FROM DEPORTATION. If they come to the attention of immigration (other than by 245i itself) they can be deported.

[Adam]

Yes the aliens are in the US, both entered legally.
I-130 was file in Nov. 2000 still says some 500+days to process this type of cases.
I-130 was file which is approvable. that was the reason he file I-485i which was returned to him.

You said that approvable visa petition has to be filed before the expration date.
Which date you are talking about?
The documents returned to them also have INS Stamp and date received in the INS Office.
Thanks for your help.

Katycab: I-285 was file before April 30, 2001.
Kids are still waiting in US for priority date.
Priority date is Nov.14, 2000.

Old Man: Yes they are F2B.

AliBA: They are in the legal status, parents are paying high fees for the College, and will run into financil problem in few months.
Thank you guys.

[Dastur]

If I am correct few years back the then INS used to approved the I-130, and they used to wait for the priority dates. Now a days what I have seen that USCIS/BCIS do not approve the petitions, I don't think it is fair to the applicants.
Once you approve the petitions, the applicants will call the NVC+US Embassy/Consulate to find out, or they can go on web site to look into the priority dates. Why USCIS had to hangon to the files.
NVC still control the priority dates.

In my opinion I think the parents should file the I-485 now since they are here in the US since they were student/or they can file on their owen. Any thoughts on this please.
Father still waiting for his response to N-400. Which has been file. What a mess.
Thank you.