I-485 Supplement A

R

rekon32

New Member
Hello all,

I read the USCI website requirements for filling out a I-485 supplement A form but I still would like some clarification.

I would like to petition my spouse for permanent residency. She was brought to the US illegally when she was 2 years old. She has never obtained a visa. I was told I need to file a I-485 supplement A because she was brought to the US illegally and pay $1,000 penalty so she doesn't have to go back to her country. Is this correct?


Correct me if I was misinformed but these are the forms I was told to file:
Form I-130
Form I-485
Form I-485 supplement A
Form G-325A
Form I-134

Thank you in advance,

Jim
 
That $1000 fine and supplement A is only for those who qualify for Section 245(i), which requires having an immigrant petition filed by the cutoff in April 2001.

If she didn't have that, she won't be eligible to adjust status at this time. She would have to leave the US and wait outside the US for 10 years to become eligible for a green card (unless she's still under 19, in which case the wait would be reduced to 3 years or nothing, depending on how soon she leaves after her 18th birthday).
 
Thanks for the reply. I just found out she had an immigration petition (I-797C) approved on March 15, 2001.

I am assuming I have to submit this approval with the I-485 supplement A. Is this correct?

Also, the I-485 supplement says:

"There is no fee when the applicant is an unmarried child less than 17 years of age, or when the applicant is the spouse, or the unmarried child less than 21 years of age of a legalized alien and who is qualified for and has applied for voluntary departure under the family unity program."
Click to expand...

Does this mean we do not have to pay the $1000 fee???
 
rekon32 said:
Does this mean we do not have to pay the $1000 fee???
Click to expand...

I don't know. The rules are complicated, and I think that section could be referring to the spouse of the primary beneficiary of an immigrant petition, not the spouse of the petitioner.

I suggest consulting an immigration lawyer for a case like this. 245(i) grandfathering cases can be complex, and if the paperwork is not done properly, denial followed by deportation could be the result.

You don't necessarily have to use the lawyer from end-to-end; just schedule a couple of one-hour consultations for them to advise you on the paperwork and review what you've put together before you submit it yourself.
 
Last edited by a moderator:
You must log in or register to reply here.
Top