I am applying 245(i) and still pending. My wife already got approval and the real card. I need to register to INS because I am from Indonesia, is any one know your friends or some people that registered to INS and also has the same status like mine? Because I have heard that some people have been detained and deported. THANKS
245(i) and registration
- Thread starter sj2000
- Start date
I-485 Pending (245i)
Don't understand why no one is talking about this issue! Anyway,
According to my personal research, if you had prior out-of-status situation but have the following:
245(i) priority date before Apr 30, 2001
Labor Cert. approved
I-140 approved
Valid EAC
I-485 Pending
Proof of Employment
Proof of Residance
- You should be okay. So far I have seen the people getting NTA are missing at least one of the above. Only Labor Cert. won't help you. Please guys, share your experience here. Please come out of the closet. Time is running out.
Don't understand why no one is talking about this issue! Anyway,
According to my personal research, if you had prior out-of-status situation but have the following:
245(i) priority date before Apr 30, 2001
Labor Cert. approved
I-140 approved
Valid EAC
I-485 Pending
Proof of Employment
Proof of Residance
- You should be okay. So far I have seen the people getting NTA are missing at least one of the above. Only Labor Cert. won't help you. Please guys, share your experience here. Please come out of the closet. Time is running out.
EAD+i485(pending)
Well, normally, EAD (I-140 + Card) is issued after the labor cert is approved. But that's for the people like me who are primary applicant. I think you applied via I-130 (spouse), right? Did you take advantage of 245(i) before Apr 30, 2001? INS says the following about 245(i):
You might need section 245(i) if you:
Entered the U.S. without being inspected by an Immigration official.
Stayed in the U.S. longer than allowed by Immigration.
Entered the U.S. as a worker on an aircraft or ship (crewman).
Entered the U.S. as a “Transit Without Visa.”
Failed to continuously maintain a lawful status since your entry into the US.
Worked in the U.S. without Immigration permission.
Entered as an “S” nonimmigrant (relates to witnesses about criminal or terrorism matters).
Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).
Worked in the U.S. while being an “unauthorized alien.”
- so you can see that this provision is specifically for the people who had prior status issues. This should work as a blanket. Now, since your case is family based, you need to have:
1. I-130 approved.
2. EAD ( i-140) approved.
3. Valid EAC.
4. Proof employment.
These should be enough. Also, keep in mind, 245(i) is the key in case of prior status problem.
Well, normally, EAD (I-140 + Card) is issued after the labor cert is approved. But that's for the people like me who are primary applicant. I think you applied via I-130 (spouse), right? Did you take advantage of 245(i) before Apr 30, 2001? INS says the following about 245(i):
You might need section 245(i) if you:
Entered the U.S. without being inspected by an Immigration official.
Stayed in the U.S. longer than allowed by Immigration.
Entered the U.S. as a worker on an aircraft or ship (crewman).
Entered the U.S. as a “Transit Without Visa.”
Failed to continuously maintain a lawful status since your entry into the US.
Worked in the U.S. without Immigration permission.
Entered as an “S” nonimmigrant (relates to witnesses about criminal or terrorism matters).
Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).
Worked in the U.S. while being an “unauthorized alien.”
- so you can see that this provision is specifically for the people who had prior status issues. This should work as a blanket. Now, since your case is family based, you need to have:
1. I-130 approved.
2. EAD ( i-140) approved.
3. Valid EAC.
4. Proof employment.
These should be enough. Also, keep in mind, 245(i) is the key in case of prior status problem.
Hi Shourov,
I am not sure when u switched your status to your current status. But as far as I know if you have a valid status before Jan 14, 1998 you are waived and you do not even have to take the 245 (i)'s advantage. As long as you have been maintaining your status since then.
You are correct about your opinion though. Even though by law you are completely covered under 245...however I have read a case here that some one received an NTA even though he went through 245-i. His FP was done and 485 is about to be approved....now he has to appear in a INS court...
good luck!!
I am not sure when u switched your status to your current status. But as far as I know if you have a valid status before Jan 14, 1998 you are waived and you do not even have to take the 245 (i)'s advantage. As long as you have been maintaining your status since then.
You are correct about your opinion though. Even though by law you are completely covered under 245...however I have read a case here that some one received an NTA even though he went through 245-i. His FP was done and 485 is about to be approved....now he has to appear in a INS court...
good luck!!
Thank you ...
Loveusa03,
Well, here is my situation in detail:
My F-1 expired Mar'99. Ever since, I over stayed. But when the 245(i) window from Jan'2001 to Apr 30, 2001 was opened I talked to a business that previously wanted to sponser me and had them apply for me. I applied Mar'2001. End of 2001, I had my Labor Cert. Approved. By Mid 2002 my I-140 was approved. I applied for I-485 and have a RD Aug 26, 2002. Then Sep'2002, I got the plastic card or EAC and Oct 19, 2002 I got my FP for I-485 done. From Jan'2003 I started working for the company and receive paycheks.
Now you tell me ... the guy you talked about didn't have I-140 approved nor had the EAC. Are we gonna be at the same boat???
Loveusa03,
Well, here is my situation in detail:
My F-1 expired Mar'99. Ever since, I over stayed. But when the 245(i) window from Jan'2001 to Apr 30, 2001 was opened I talked to a business that previously wanted to sponser me and had them apply for me. I applied Mar'2001. End of 2001, I had my Labor Cert. Approved. By Mid 2002 my I-140 was approved. I applied for I-485 and have a RD Aug 26, 2002. Then Sep'2002, I got the plastic card or EAC and Oct 19, 2002 I got my FP for I-485 done. From Jan'2003 I started working for the company and receive paycheks.
Now you tell me ... the guy you talked about didn't have I-140 approved nor had the EAC. Are we gonna be at the same boat???
Hi Shourav,
Most of the applicants (I'd say more than 95%) have been asked about their current status rather than their history. So yes, your fingers will be crossed. Unless you fall within that 5%...I don't see any problem. Even though they find out your over stay you won't be detained since you have a current status. But please seek an attorney's help...doesn't hurt.
Good luck...Please lemme know what lawyers say, then I will ask mine to verify it again.
Most of the applicants (I'd say more than 95%) have been asked about their current status rather than their history. So yes, your fingers will be crossed. Unless you fall within that 5%...I don't see any problem. Even though they find out your over stay you won't be detained since you have a current status. But please seek an attorney's help...doesn't hurt.
Good luck...Please lemme know what lawyers say, then I will ask mine to verify it again.
Just wanted to add that I was in the same boat
applied under 245i (was out of status on original B-2 visa) in March 2001
1. Labor cert approved
2. I-140 approved
3. pending I-485 and I-765 (EAD)
went to register and was given no problems.
best of luck to everyone else
applied under 245i (was out of status on original B-2 visa) in March 2001
1. Labor cert approved
2. I-140 approved
3. pending I-485 and I-765 (EAD)
went to register and was given no problems.
best of luck to everyone else
Thanx a lot!!!
Enkur,
Dude, thankyou thankyou thankyou !!! This was probably the answer I was looking for all this time. You have exactly like my situation. This really helps... by the way, did you go to Arlington, VA ? As you know by now, different offices handling the matter differently!!
Enkur,
Dude, thankyou thankyou thankyou !!! This was probably the answer I was looking for all this time. You have exactly like my situation. This really helps... by the way, did you go to Arlington, VA ? As you know by now, different offices handling the matter differently!!
I registered in Denver, CO. I came with my lawyer, everything worked okay. They ask me for identification(driver license, credit card), my employment verification, contact persons. It took 20 minutes to enter the data, to get my fingerprints and my picture.
I guess, I-485 is the key like what shourav said. And amazingly, there were 42 people there and none of them got arrested. I think INS here has used different approach, they're no longer detain people, people who worked illegally or out of status will get a letter to see the judge.
I guess, I-485 is the key like what shourav said. And amazingly, there were 42 people there and none of them got arrested. I think INS here has used different approach, they're no longer detain people, people who worked illegally or out of status will get a letter to see the judge.
245(i) validity
Does anyone know if the 245(i) is still valid? I saw on the BCIS website that it expired on June 4, 2003. My fiancee was out of status and we're trying to get out of problems with adjustment of status (GC) by considering this option. Does anyone know? Please respond ASAP!! Thanks
Does anyone know if the 245(i) is still valid? I saw on the BCIS website that it expired on June 4, 2003. My fiancee was out of status and we're trying to get out of problems with adjustment of status (GC) by considering this option. Does anyone know? Please respond ASAP!! Thanks