My husband and I filed I485 with CSC in Sept, 2001(my husband being the primary applicant, EB3, PD dated 4/97), had our interview at SF office in July 2001. We just received a letter from INS which requested both of us to file I485A(supplement) under 245i act together with $1000 fine each person. The reason given was that I fell out of status in 1996 based on unauthorized employment and both me and my husband were granted voluntary departure in 1996. I soon left the country and reentered US on H1 visa. My husband never left the country, because his H1 application was submitted before the 30day grace period of the voluntary departure. And our attorney at the time advised us that he did not have to leave the country since he had a valid application pending. His H1 was soon approved and he has been on H1 visa since.
I read online an article saying that anyone that has failed to follow voluntary departure is not eligible for the 245i act. My question is whether we would be considered ineligible for the 245 application?
Any help or insight will be highly appreciated.
I read online an article saying that anyone that has failed to follow voluntary departure is not eligible for the 245i act. My question is whether we would be considered ineligible for the 245 application?
Any help or insight will be highly appreciated.