hi guys, My family has been out of status now, and for my mother the petition was filled on 1999, and was passed, and it went to NVC because visa numbers were not available. We just got letter month ago saying visa numbers are available now. We came to usa in 2001. so can we do the adjustment of status or what? this is very close to getting to the end but no idea what to do thanks.
need help from experts for FB4 AOS
- Thread starter bijuria11
- Start date
Triple Citizen
Registered Users (C)
what do you mean grandfathered by 245i? lawyer said nothing can be done since we came to us after 2000 so it cannot be AOS. so??? thanks for replying.
Jackolantern
Registered Users (C)
Filing AOS for the FB4 category is not allowed if one is out of status, unless one was in the US long enough to qualify for the 245(i) amnesty. I don't remember the exact cutoff date, but arriving in the US after 2000 makes it too late to qualify for 245(i). That's why the lawyer said nothing can be done.
TheRealCanadian
Volunteer Moderator
To obtain 245i relief, your petition must have been filed prior to 04/30/2001, and you must have been physically present in the United States on 12/22/2000. You do not appear to meet the physical presence requirement, therefore you cannot adjust status unless you have maintained valid non-immigrant status since 2001. The problem you face is that if you are subject to the 3/10 year re-entry bars, you will trigger them when you leave the US for your consular interview.