Need help or Comment

[JA]

Hi antivirus
I got call for EAD about 4 weeks after I sent the application. For AOS interview they will send you a list of documents to bring with you. It includes almost everything you have already sent with you original application. Then it all depends on the AO. My interview was only 15 minutes with no problems.

[mohan]

if any alien filed approvable I130 ( visa petition) before the expirtion of 245i, he will grandfathered 245i and will become eligible to adjust his status within USA. regardless of his entry.
that the ImmigrationLaw. this Law applies to all the Aliens even if they filed petition and approved and later revoked Or Filed prior to expiration date of 245I but still pending etc.
Based on that alien can refile his application and adjust his status. according to your case history you are eligible to file and adjust with $ 1000. .
Hope this helps.

[antivirus]

Mohan, thank you very much. I was wondering how soon after the marriage and the paper work is filed do one receive work auth.? My understanding is that work auth. is approved right away, and then the AOS interview follows. If that is the case then how long would it take for the work auth. to get to me?

[Dastur]

Mohan I have a question for you, let say an LPR file a petition I-130 for his/her unmarried son/daughter over 21 years in Nov. 2000, and they are in US as Student.
Can they benefits from 245i and what is the expiration date for this.
I need this information for my friends children Mr. Kulkarni. Thanks alot.

[antivirus]

Correct me if I am wrong, but to answer your question Dastur. If the person is in the US on a student visa then they dont have to worry about 245(i). 245(i) is for someone who entered illegally. As long as the petition was before April 30, 2001 or entered the country with proof before that time, then you can be grandfathered for 245(i).

Still waiting for someone to answer my previous question. Thanks.

[JA]

Antivirus: You will get work authorization in 4-6 weeks after you file.

[mohan]

answer is NO. they are student which is non immigraqnt visa and second they are intended immigrant waiting for their priority date become current. they were never lost their legal status so they are not qualify for 245I.

[antivirus]

Thanks JA. Do I need to have a valid passport when I get the work auth., or is that required when I go for the AOS interview? I have a passport but it is expired.

[JA]

You need to have a valid passport when you go for AOS interview. They will not stamp the temporary I-551 stamp if your passport is expired. For work auth, I am not sure if they ask you to bring your passport but to be safe you should get it renewed now.

[antivirus]

My fiance became citizen when she was under 18, when her parents became citizen. She has a US passport. Is that the only proof of citizen needed to apply for AOS. We are trying not to get her parents involved due to our backgrounds, so we are trying to see if we need other documents.

[marmaduk]

Doesn't she also have the certificate of naturalization? Also, if you intend to pursue AOS via marriage to USC, how are you going to solve the problem of not having valid proof of entry? Or are you planning to do the I-601 route?

[antivirus]

Hey Marmaduk,

She does have the Nat. certificate, but was wondering if passport is sufficient. As far as my entry, I am grandfathered under section 245(i) which waives me as long as I pay a $1000 fine.

[dragonlady]

Certificate of Naturalization = American Citizenship = passport. She doesn't need anything else! Makee an appointment at you District Office. They can be helpful. Renew your passport. Simple.

[marmaduk]

But your grandfathered I-130 is based on your parents being sponsored by your grandparents. If you're applying for AOS based on your marriage, won't she need to file a new I-130? I know applicnts can get "upgraded" in preference category if their sponsor become citizen,etc , but don't know if thats applicable your case since the I-130 is sponsored by 2 different individuals.

[antivirus]

Yes I do think I will need to file a new I-130 but the question was about my proof of legal entry which is not needed under 245(i), which is current not valid, but I am grandfathered under the old 245(i) because I am a derivative of my grandfather's petition for my father when I was under 21 and unmarried.