245(i) and adjustment of status

G

grib popov

Registered Users (C)
Hi everybody!!
Can anybody tell me if the new LIFE, section 245 (I) works in my situation: I am a spouse of a person who applied for I-485, however, I was not eligible to apply with him since I was illegal for 1 month. Now I am a Political Asylum applicant, whose case in IA. Will I be able to adjust my status in the US by paying 1,000$ penalty?
 
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Hi,
Sorry I have no information for you but will appreciate you giving me some info.
Are you saying that a spouse that has been out of status cannot apply or be on the I-485 filed by her husband? My friend just received his I-140 approval and is elligible to file for I-485. However, he wants to get married to someone here who is out of status. Are you saying that he won\'t be able to include his wife on the I-485 application since she is out of status?
thanks,
ppunu
 
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Hi,
I have a question.
I have won the DV lottery visa in 1999 but my application for adjustment of status was denied.
Do you think with the new laws of 245i I can adjust my status?
 
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Dear ppunu!!
That was what happened to me: I got married to my husband when his I-140 was in process. Our lawyers claimed that there will be no problem for both of us as soon as his I-140 is approved. However, it turned out that we sent out only his application for AOS for the reason I mentioned before. So I wish luck to your friend though not sure in a successful outcome. Good luck and let me know if you get any news.
 
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Thanks for the info grib popov.
From what I understand, because of the passage of LIFE and the extention of 245i untill April 30, 2001, my friends wife who is out of status can apply for I-485, adjustment of status, along with my friend.
I think in your case, you might not have been eligible to apply for AOS along with your husband because that was before this new law LIFE passed. I think if your husbands AOS has not been approved yet, you can send in your I-485 application and will be able to get the green card.
However, you mention that "Now I am a Political Asylum applicant, whose case in IA". What does IA mean? I think that if you are not in removal proceedings yet, you can file for AOS give that your husbands adjustment of status is not approved. If you are in removal proceeding then I think only the judge can do adjustment of status for you. Either way, your husbands filing of I-140 has made you elligible to take advantage of the new LIFE, 245i extention date. So eventually you should be able to file for AOS without running into any trouble.
Please provide more details on your current imm situation and whether your husbands AOS has been approved or not.

Regards,
ppunu
 
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Hi everyone. Have a question about the V visa which I think falls
under the 245i. I believe the law was signed by Clinton in December
and is valid till April of 2001. I have a sister who just turned 21 on
January 13th. When the law was passed, she was still a minor (in Dec).
Does she qualify to apply for the V visa? My mother applied for her
immigrant visa more than three years ago.
I will really appriciate a reply.

Thanks
Javed
 
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Hi ppunu!!
By and large, everything you have written is correct.Just yesterday my husband talked to his lawyer and that is what we know now: yes, now I can adjust my status in the US without leaving the country, so I hope can the fiancee of you friend. Now let me mention that I was illegaly in the US for 1 month, however, have I been illegal for more then 1 year the situation would be much worse.
My current immigration situation is: I am in removal proceeding and my case in the Board of Immigration Appeals; as you noticed absolutely correctly only the judge can do adjustment of my status. So now we have to return my case from the BIA and go to the judge.
Next, My husband\'s I-140 was approved 6 months ago and he applied (without me) for I-485. As I know, his lawyer got a receipt from INS already. And that is basically it for today.
 
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Hi grib popov,
Glad to see that things will work out for you.
I wanted to ask you why you say "...however, have I been illegal for more then 1 year the situation would be much worse."
The reason I am asking is because my friends fiance has been out of status for many years. However, I thought that the LIFE 245i extention would make her elligible regardless of the number of years she has been out of status.

If you don\'t mind my asking you, do you know how you might ask the BIA to send your case back to the judge. Is it through something called, "Motion to REMAND" ? Also, how long does the BIA normally take to send the case back to the judge and does the judge give a date to appear right away? I will really appreciate if you can answer these questions. In case you don\'t know all these now but happen to know as you go along with your case, would you kindly post this info here or send it to me at ppunu@hotmail.com
The reason I am interested in this is because my cousin has filed an appeal before BIA after his asylum was denied by the judge, but at the same time he is awaiting his I-140 approval through his employer and he might have to go through what you will go through.
thanks a lot,
ppunu
 
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Hi,
I have a brother who was on a expired visitor visa, and was also on
deportation proceeding, before he the judge could decide anything he
left the country. Now he came back to US a year back and again he
is illegal. I am a US citizen and an application was filed for him in
1996. Do you think this section 245(I) will be of some help for him.
ahesan
 
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I think you are right. It does not matter how long she was out of status with this law. I am not sure about the timing but I will post it as I go through it.

I am curious about the sequence of events with your cousin. Did he apply for political asylum before applying for the I-140 or before? Could your describe how his status was changing? Just curious...

P.S. Yes, it\'s called "Motion to REMAND"
 
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Hi grib popov,
My cousin had filed for political asylum many years ago and is working on EAD since then. A few years after he had applied for asylum, his company started LC and then filed I-140. Meanwhile, he is under removal proceeding and has appealed to BIA. He is hoping that when his I-140 is approved, somehow he will be able to do AOS.
He thinks that he cannot apply for AOS straight away with the INS. He has to file a "Motion to REMAND" before the BIA which will then send his case back to the imm judge who might then adjust his status based on his I-140 approval.
What do you think of his situation? Is it really this complicated or can he file a normal I-485 for AOS with the INS like most people on H1 visas do?
Regards,
ppunu
 
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Based on my limited knowledge you are right. It has to go to the judge first who should allow him to file the I-485.
Good luck
P.S. How long has his case been in the BIA?
 
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About two months. He has not even been asked for briefing(don\'t exactly know what it is).
Any idea how long the process takes from Motion to REMAND till appearing befoe the imm judge?
thanks,
ppunu
 
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I don\'t know. All I know is that the BIA is pretty backed up. In such circumstances a Motion To Remand may take a while. But this is just speculations...
 
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HELLO EVERYBODY OUT THERE. I WAS BORN AND RISE IN THE US. AND MARRIED AND NON-USA. WE HAVE FILE FOR HIS PAPERS AND THEY WERE NOT COMPLETED BECAUSE WE NEEDED AN AFFIDAVIT. NOW I WANT TO KNOW IF THIS NEW LAW WILL HELP US OR NOT. I DON\'T WANT HIM TO LEAVE THE COUNTRY. SO, HOW CAN I GET THIS DONE WITH OUT THAT. WE HAVE 3 KIDS AND BEEN MARRIED SINCE 1994. AND HAVE ALREADY DONE, AND GONE THREW THIS 2 TIMES WITHOUT SUCCESS. PLEASE SOMEONE HELP, PLUS WE WANT A GOOD LAWER.
 
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I have a question about the section 245(i) on an F1 visa, I have an F1 visa but I have not been to school for a year, I am now out of status and wanted to know if the 245i can be of help to me or will i be at any risks.
Do i need to go through an immigration lawyer so that all goes weel?

please reply
 
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I am a green card holder went in Russia, got married in 12.30.98.
Came back in US field family based petition I-130 for spouse in 02.18.99 (which is still pending).
Later in 08.10.99 she came in the country as a student with F-1 visa.
We decided to have a baby and because of her complicated pregnancy period she could not go to school and lost her student status in
08.01.00.
I applying my N-400 petition in 03.15.01.
Does 245(I) helps with my wife\'s out of status situation, what should we do now, and do I need to apply I-485 for AS for my wife?
 
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If a person came to US before 1988 and has not applied for his adjustment of status anytime before.. can he do it know and if so what he needs to submit.. I mean to show that he is here in US since that time... any update on this issue...
Also if a person visited US before 1988 and then went back but came again to US before December 2000 for visit. If that person is not out of status of illegal, he is on Visit visa still can that person use this new 245(i) law in any way..

Thanks any and all the information will be greately appreciated.
 
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