Gael11_2012
Registered Users (C)
Is it true, that the 245(i) act is only for U.S. citizen petitioners?
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245(i)
- Thread starter Gael11_2012
- Start date
Is it true, that the 245(i) act is only for U.S. citizen petitioners?
No.
245(i) requires a variety of prerequisites.
An "approvable when filed" petition or labor cert application had to have been filed prior to April 30, 2001;
the alien beneficiary had to have entered the U.S. before December (?20), 2000; (certain derivatives can be OK as long as the principal met this);
and has remained in the U.S.;
be "otherwise eligible" as an immigrant (no major crimes or immigration fraud).
There must still be an avenue available for an immigrant visa upon the I-485 filing date. This means that a new I-130 may be filed now for an immediate relative of a USC or
some other family or employment preference petition or labor cert. could have been after the original one as long as that original one was not fraud to begin with and is now "current" on the visa bulletin.
If already in Removal Proceedings, an I-485 may be authorized for filing by the IJ to be decided by the IJ, or the IJ can terminate proceedings and dump you back on USCIS; ICE can request that proceedings be terminated and let you file with USCIS; or if not yet in Removal Proceedings (prior to a master hearing), ICE may cancel an NTA before it reaches the IJ and dump you back on USCIS; or if not in proceedings and ICE has not issued an NTA, one can just file with USCIS like anybody else eligible to file for adjustment of status.
How's that? Clear as mud?